S. Sudha Ponmani v. The Chief Educationao Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and W.M.P(MD)No.19221 of 2019 S.Sudha Ponmani ... Petitioner Vs.

1.The Chief Educational Officer, O/o.The Chief Educational Officer, 2.The District Educational Officer, O/o.The District Educational officer, Aruppukottai, 3.The Headmaster-in-charge, Government Higher Secondary School, Pandalgudi, 4.Mrs.P.Ramani, Record Clerk, Government Higher Secondary School, Pandalgudi, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondent No.1 to sanction the annual increment for the year 2018 and the monthly salary from the month of September 2019 to the petitioner without any stoppage within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For R1 & R2 : Mr.M.Karuppasamy, Government Advocate

ORDER

This writ petition is filed seeking for a direction to the first respondent to sanction the annual increment for the year 2018 and the monthly salary from the month of September 2019 to the petitioner without any stoppage within the time period stipulated by this Court.

2.Mr.M.Karuppasamy, learned Government Advocate takes notice 1/3

for the respondents 1 & 2. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, she was appointed as P.G. Assistant in the year 1997 and was promoted to the post of Headmaster of Higher Secondary School in the year 2016. During her service as Headmaster, at the instigation of the fourth respondent, she was transferred to Government Higher Secondary School, Nalli on 25.09.2019. As per the order of transfer, she has joined in the transferred place. The first respondent orally instructed the third respondent not to disburse the salary to the petitioner. Therefore, the petitioner has given a representation dated 12.10.2019 to the first respondent requesting to disburse the monthly salary. The first respondent has not passed any orders on the representation so far. Hence, the petitioner has come out with the present writ petition.

4. Though a larger relief has been prayed in this writ petition, when the writ petition is taken up for hearing, the learned counsel appearing for the writ petitioner submitted that the petitioner would be satisfied, if a direction is issued to the first respondent to consider the representation dated 12.10.2019, submitted by the writ petitioner.

5.Considering the submission of the learned counsel for the petitioner, this writ petition is disposed of, directing the first respondent to consider the representation of the petitioner, dated 12.10.2019 and pass orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) am To 1.The Chief Educational Officer, 2.The District Educational Officer, Aruppukottai, 2/3

3.The Headmaster-in-charge, Government Higher Secondary School, Pandalgudi, +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-94218[F] dated 24/10/2019 ) +1 CC to M/s.SPL GP ( SR-94274[F] dated 24/10/2019 ) 23.10.2019 KK/SAR/27.11.2019/3P-6C/ 3/3