C. Pazhamudhir Pangi v. The Chief Elementary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.5120 of 2016 C.Pazhamudhir Pangi ... Petitioner Vs.
1.The Chief Elementary Educational Officer, Chief Elementary Educational Office, Trichy 620 015.
2.The District Elementary Educational Officer, District Elementary Educational Office, Sethuram Colony, Srimathi Complex, Trichy 620 020.
3.The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Manachanallur, Trichy District 621 005.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to pay the petitioner's monthly salary, as per the Salary Certificate issue by him on 04.02.2016 from March 2016 onwards and pay the arrears amount of salary Rs.14,661/- with 6% interest within the time stipulated by this Court. For Petitioner : Mr.M.Vinoth Singh Misra for Mr.D.Selvanayagam For Respondents : Mrs.S.Srimathy Special Government Pleader
O R D E R
This writ petition has been filed for a direction to the third respondent to pay the petitioner's monthly salary, as per the Salary Certificate issue by him, on 04.02.2016, from March 2016 onwards and to pay a sum of Rs.14,661/- towards the arrears of 1/3
salary with 6% interest.
2. The case of the petitioner is that she was appointed as Secondary Grade Teacher in the year 1992 and thereafter, she was promoted as Elementary School Headmistress on 28.06.2006. While she was working as Elementary School Headmistress in the Panchayat Union Elementary School, Panamangalam, she borrowed a Housing Loan as well as the Hand Loan from the Society and individual. Hence, her salary was attached by the Court order and a sum of Rs.18,000/- was deducted from December 2015 onwards. After deduction of loan repayments, the net salary was fixed by the third respondent, by issuing Salary Certificate for Rs.13,524/-. Thereafter, the second respondent has not disbursed the salary as per the Salary Certificate and from December 2015 onwards, Rs.5,000/- was credited and the remaining salary of Rs.8,529/- was not disbursed till date. Hence, the petitioner has made a representation to the respondents, on 27.01.2016. However, till date no order was passed. Therefore, the petitioner has approached this Court by filing this writ petition.
3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondents to consider the petitioner's representation dated 27.01.2016, in accordance with law.
4. The learned Special Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the respondents to consider the petitioner's representation, dated 27.01.2016 and pass appropriate orders, on merits and in accordance with law, within a period of twelve 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, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
To 1.The Chief Elementary Educational Officer, Chief Elementary Educational Office, Trichy 620 015.
2.The District Elementary Educational Officer, District Elementary Educational Office, Sethuram Colony, Srimathi Complex, Trichy 620 020.
3.The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Manachanallur, Trichy District 621 005.
+1 CC to M/s.D.SELVANAYGAM, Advocate ( SR-13356[F] dated 24/03/2021 ) +1 CC to M/s.SPL GP ( SR-13629[F] dated 25/03/2021 ) 24.03.2021 KG(CO) AS(12.05.2021) 3P 6C 3/3