Madras High CourtWP(MD)/11169/2016disposed of

R.Girija D/O Ramanujam, v. The District Elementary

2021-03-092 pages

WP(MD). No.11169 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Wednesday, the Fourteenth day of July Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice P.D.AUDIKESAVALU WP(MD). No.11169 of 2016 R.Girija

...Petitioner

Vs 1 The District Elementary Educational Officer, Thanjavur District, Thanjavur.

2 The Assistant Elementary Educational Officer, Thiruppananthal Range, Thanjavur District.

3 The Secretary, Gandhi Aided Primary School, Chozhiyavilagam, Thirupananthal Range, Thanjavur District.

...Respondents

Prayer in WP(MD).No.11169 of 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus direct the respondents to pay the salary to the petitioner for the reemployment period i.e., from 01.12.2011 at 31.05.2012 along with interest forthwith ORDER:- Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Anwar Sameem, Advocate for the Petitioner and of Mr.D.Gandhiraj, Government Advocate On Behalf of the Respondents No.1 and 2, this Court made the following order: This Court by order dated 09.03.2021 had disposed this Writ Petition by directing the First and Second Respondents to instruct the Third Respondent to pay the salary to the Petitioner for the period she had been re-employed from 01.12.2011 to 31.

05.2012 along with interest within a period of two weeks from the date of receipt of copy of that order, if there is no legal impediment to do so. In terms of the said order, the matter was listed for reporting compliance on 09.04.2021 and the Learned Special Government Pleader appearing for the First and Second Respondents had produced a copy of the letter dated 18.03.2021 addressed to the Third Respondent for carrying out the directions of this Court. It was then directed to issue notice for the appearance of Third Respondent. Though served https://hcservices.ecourts.gov.

WP(MD). No.11169 of 2016 on 21.06.2021, the Third Respondent has not appeared before this Court till date. In this context, it must be noticed that the Learned Special Government Pleader appearing for the First and Second Respondents had produced a copy of the letter dated 23.03.2021 received from the Third Respondent refusing to make payment of the salary claimed by the Petitioner for the period from 01.12.2011 to 31.05.2012 despite the earlier court orders passed in that regard. As this Writ Petition has already been disposed by order dated 09.03.2021 issuing certain directions to the First and Second Respondents which has been complied, no further orders are required in this Writ Petition. However, this would not preclude the Petitioner from working out her rights against the Third Respondent for necessary relief in appropriate legal proceedings in accordance with law.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1 The District Elementary Educational Officer, Thanjavur District, Thanjavur.

2 The Assistant Elementary Educational Officer, Thiruppananthal Range, Thanjavur District.

3 The Secretary, Gandhi Aided Primary School, Chozhiyavilagam, Thirupananthal Range, Thanjavur District.

+1CC to M/s.SPL GP, SR.No.22670 dated 15/07/2021 W.P. (MD) No. 11169 of 2016 14.07.2021 KB(30.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2