Aided school sought mandamus directing release of staff and maintenance grants, refund of presumptive income withheld, interest on delayed salaries and reimbursement of tuition fees under the Pondicherry School Education Act. With no representation for the petitioner on two listings, the writ petition was dismissed for default.
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W.P.No.8886 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.8886 of 2021 and W.M.P.No.9419 of 2021
St. Marry's Government Aided Boys High School, Rep by its Headmaster Fr.C.Antoni Raj, Karaikal, Puducherry 609 602.
Petitioner
Vs.
Page 1 of 5
W.P.No.8886 of 2021
5.Drawing and Disbursing Officer, Government of Puducherry, Directorate of School Education, Puducherry 605 005.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents (i) to release staff grant under head of Maintenance grant towards sanctioned and approved teaching and non-teaching staff working in the petitioner's school with arrears from December 2019 till date under Section 15 and 24 of the Pondicherry School Education Act, 1987 r/w Rule 32(2) and (3) of the Pondicherry School Education Rules, 1996 based on the Application (FORM-X) submitted by the petitioner for receiving Grant-in-Aid and also direct the respondents to pay reasonable interest for delayed payment of salary by strictly following Judgment dated 08.02.2021 passed by the Hon'ble Apex Court in the State of Andhra Pradesh & others Vs. Smt.Dinavahi Lakshmi Kameswari (Civil Appeal No.399/2021) (ii) to release the amount sum of Rs.2,16,925/- (Rupees Two Lakhs Sixteen Thousand Nine Hundred and Twenty Five only) illegally withheld by them towards presumptive income while releasing 50% of Staff Grant in pursuant to Order vide G.O.Rt.No.50 dated 11.11.2020 issued by the Under Secretary to Government (School Education), Government of Puducherry and (iii) also direct the respondents to reimburse the Tuition Fee collected from the petitioner after the Puducherry School Education (Amendment) Rules, 2014 came into force.
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W.P.No.8886 of 2021
For Petitioner : No representation For Respondents : Mr.Rahul Kumar for Mr.R.Syed Mustafa, Spl.G.P
O R D E R
When the matter was listed on 05.09.2024, there was no representation
on behalf of the petitioner. Hence, the case was directed to be listed on 10.09.2024, under the caption “for dismissal”. Inspite of the same, even
today, when the matter was taken up for hearing, there was no representation on behalf of the petitioner. Therefore, this Writ Petition is dismissed for default. No costs. Consequently, connected Miscellaneous Petition is closed.
10.09.2024
vkr Index : Yes / No Speaking order / Non-speaking order
To
Page 3 of 5
W.P.No.8886 of 2021
Page 4 of 5
W.P.No.8886 of 2021
VIVEK KUMAR SINGH, J.
vkr
W.P.No.8886 of 2021 and W.M.P.No.9419 of 2021
10.09.2024
Page 5 of 5
St. Marry's Government Aided Boys High School, Rep by its Headmaster Fr.C.Antoni Raj, Karaikal
The Union Territory of Puducherry Rep by The Chief Secretary to Government
The Secretary to Government (School Education) cum (Finance), Government of Puducherry
The Director of School Education, Directorate of School Education, Government of Puducherry
The Senior Accounts Officer, Government of Puducherry, Directorate of School Education
Drawing and Disbursing Officer, Government of Puducherry, Directorate of School Education
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
