Allowed

J.Sheela v. the Government of Tamil Nadu

Madras HC16 Mar 2018WP(MD)/2594/2018

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed by a school headmistress. The court held that the authority passed an order downgrading pay without fully considering the department's clarificatory letter. The petition was allowed with remittal of the matter to the authority for fresh orders.

What did the court decide?

Writ of Certiorari to quash the impugned order; matter remitted to the fourth respondent to pass afresh orders considering the Government clarificatory letter dated 14.05.2012.

J.Sheela Vs the Government of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2018 CORAM:

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P (MD)No.2594 of 2018 and

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WMP(MD)No.2795 of 2018

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J.Sheela ... Petitioner

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Vs.

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The Government of Tamil Nadu, Rep.by the Principal Secretary, School Education Department,

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Fort St. George, Chennai – 600 009.

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The Director of Elementary Education, D.P.I. Campus, College Road,

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Nungambakkam, Chennai – 600 006.

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The District Elementary Educational Officer,

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Sivagangai, Sivagangai District.

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The Additional Assistant Elementary Educational Officer,

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Kalayarkovil, Sivagangai District.

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records pertaining to the impugned order passed by the fourth respondent in Na.Ka.No.1423/Aa1/2017 dated 19.10.2017 and the proceedings in Na.Ka.No.1423/Aa1/2017 dated 25.10.2017 and quash the same.

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For petitioner : Mr.M.Saravanan

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For respondents : Mr.K.Saravanan, Government Advocate

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ORDER

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Heard the learned counsel on either side.

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The petitioner is presently working as Headmistress in a Panchayat Union Middle School. The issue on hand relates to pay fixation. The petitioner was issued with a show cause notice dated 10.10.2017 calling upon the petitioner to offer her explanation as to why her pay should not be downgraded on the ground that it was erroneously fixed. https://hcservices.ecourts.gov.in/hcservices/

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The show cause notice is based on the communication dated

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18.05.2011 issued by the Government. The petitioner offered her explanation and pointed out that there has been a subsequent clarification vide Letter No.7296/S/2012-1 dated 14.05.2012 in this regard. But, the fourth respondent has proceeded to pass the impugned order without even considering the petitioner's explanation fully, particularly her reference to the Government's clarificatory letter dated 14.05.2012.

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Since the impugned order has been passed without considering the petitioner's explanation fully, the same is liable to be quashed. The matter is remitted to the file of the fourth respondent and the fourth respondent is directed to pass orders afresh in accordance with law in the light of the above said Letter No.7296/S/2012-1 dated 14.05.2012.

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This writ petition is allowed as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar (CS-I)

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Sub Assistant Registrar

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The Principal Secretary to Government, School Education Department,

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The Government of Tamil Nadu, Fort St. George, Chennai – 600 009.

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The Director of Elementary Education, D.P.I. Campus, College Road, Nungambakkam, Chennai – 600 006.

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The District Elementary Educational Officer, Sivagangai, Sivagangai District.

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The Additional Assistant Elementary Educational Officer,

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Kalayarkovil, Sivagangai District.

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+1CC to Mr.R.Subramanian Advocate in SR.No.55858,

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+1CC to Special Government Pleader in SR.No.56284.

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SKM

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DS/SV/MMS/SAR-3 :16.05.2018: 2P/7C

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

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W.P (MD)No.2594 of 2018 and WMP(MD)No.2795 of 2018 16.03.2018

J.Sheela v. the Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

J.Sheela v. the Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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