Disposed

S. Nallamuthu, v. the Director of Elementary

Madras HC7 Sept 2011WP(MD)/10111/2011

Case brief

AI extract

What is this about?

Petitioner sought backwages as Headmistress under a 2005 G.O. Madras High Court directed first respondent to consider the representation on merits within three months without deciding entitlement. Connected MP closed.

What did the court decide?

Direction to first respondent to consider representation on merits and pass orders within three months. Clarification that no direction for payment of arrears is given.

S. Nallamuthu, Vs the Director of Elementary — Pension and Retirement Benefits | Madras HC (2011)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 07.09.2011

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR

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W.P.(md).No.10111 of 2011

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S.Nallamuthu : Petitioner

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Vs.

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1.The Director of Elementary Education,

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O/o. The Director of Elementary Education,

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D.P.I campus, College Road, Chennai.

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2.The Chief Educational Officer,

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O/O. The Chief Educational Officer,

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Collectorate, Thanthonimalai, Karur.

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3.The District Elementary Education Officer,

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O/o. The District Elementary Education Officer, Collectorate, Thanthonimalai, Karur.

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4.The Assistant Elementary Education Officer,

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O/O the Assistant Elementary Education Officer,

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K.Paramathi,

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Aravakurichi taluk, Karur District.

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: Respondents

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 30.07.2011 and pay the arrears of salary from 27.09.1982 to 10.09.1997 to the petitioner as Headmistress of Elementary School.

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For Petitioner : Mr.M.Karthikeya Venkitachalapathy

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For Respondents : Mr.S.Chandrasekar

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Government Advocate

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ORDER

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Mr.S.Chandrasekar, learned Government Advocate takes notice for the respondents.

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When the writ petition came up for admission, the learned counsel for the petitioner submitted that the petitioner has retired from service in 2003. However based on the G.O.M.S.No.202, School Education (G) Department dated 23.08.2005, the petitioner seemed to https://hcservices.ecourts.gov.in/hcservices/ have made a representation dated 30.07.2011 to the respondent No.2 to calculate and disburse the arrears of salary for the post of Elementary School Headmistress. He has further submitted that the

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benefits of the above said Government Order should be extended to the petitioner also.

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Without expressing any opinion as to whether the petitioner

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is entitled to backwages for the above said period, a direction is issued to the Director of Elementary School Education, Chennai, the first respondent herein to consider and pass orders on the representation of the petitioner on merits and in accordance with law. The respondents 2 to 4 are further directed to send all the particulars required for disposal of the representation. It is made clear that mere direction issued to consider the representation should not be construed as a positive direction to grant the arrears of salary for the period beginning from 27.09.1982 to 10.09.1997. Hence without making any observation or finding with reference to the entitlement of the petitioner to his salary, this Court is inclined to issue a direction to the first respondent to consider the representation of the petitioner dated 30.07.2011 on merits within a period of three months from the date of receipt of a copy of this order.

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This Writ Petition is ordered accordingly. Consequently,

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connected M.P.No.1 of 2011 is closed. No costs.

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Sd/-

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Assistant Registrar (Records)

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/True Copy/

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Sub Assistant Registrar

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1.The Director of Elementary Education, O/o. The Director of Elementary Education, D.P.I campus, College Road, Chennai.

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2.The Chief Educational Officer, O/O. The Chief Educational Officer, Collectorate, Thanthonimalai, Karur.

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3.The District Elementary Education Officer, O/o. The District Elementary Education Officer, Collectorate, Thanthonimalai, Karur.

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4.The Assistant Elementary Education Officer, O/O the Assistant Elementary Education Officer, K.Paramathi, Aravakurichi taluk, Karur District.

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+1 CC to Mr.Karthikeya Venkatachalapathy, Advocate (SR.No.30261)

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+1 CC to Special Government Pleader (SR.No.30407)

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W.P.(MD)No.10111 of 2011 https://hcservices.ecourts.gov.in/hcservices/ vs 07.09.2011 NSV/19.9.11/2P/7C

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https://hcservices.ecourts.gov.in/hcservices/

S. Nallamuthu, v. the Director of Elementary

Case brief

What is this about?

What did the court decide?

S. Nallamuthu, v. the Director of Elementary

Case brief

What is this about?

What did the court decide?

What the court decided

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