Disposed

Sakthivel.M v. The State of Tamil Nadu

Madras HC10 Jun 2024WP(MD)/12102/2024

Case brief

AI extract

What is this about?

A regularised Vocational Teacher sought arrears of salary for the pre-regularisation period. The entitlement was undisputed; the court directed the respondents to consider his representation and pass appropriate orders on merits within four weeks.

What did the court decide?

Direction to respondents to consider petitioner's representation dated 26.03.2024 and pass appropriate orders on merits within four weeks; no costs.

Sakthivel.M Vs The State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2024)

¶1

WP(MD) No.12102 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 10.06.2024

¶4

CORAM:

¶5

THE HONOURABLE MS.JUSTICE R.N.MANJULA

¶6

W.P.(MD) No.12102 of 2024

¶7

M.Sakthivel ... Petitioner

¶8

Vs.

¶9

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai – 600 009.

¶10

2.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai – 600 006.

¶11

https://www.mhc.tn.gov.in/judis

¶12

1/7

¶13

WP(MD) No.12102 of 2024

¶14

3.The Chief Educational Officer,

¶15

Thoothukudi District.

¶16

4.The Headmaster, Government Higher Secondary School, Karungulam, Srivaikuntham, Thoothukudi. ...Respondents

¶17

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to pay the arrears of salary of the petitioner from 09.02.2007 to 22.02.2017 in the post of Vocational Teacher pursuant to regularization order dated 25.04.2017.

¶18

For Petitioner : Ms.N.Kavitha Rameshwar

¶19

For Respondents : M.Siddharthan – for R1 to R3

¶20

Additional Government Pleader

¶21

2/7

¶22

https://www.mhc.tn.gov.in/judis

¶23

WP(MD) No.12102 of 2024

¶24

ORDER

¶25

The petitioner has filed this writ petition seeking for a

¶26

Writ of Mandamus to direct the respondents to pay the arrears of salary of the petitioner from 09.02.2007 to 22.02.2017 in the post of Vocational Teacher pursuant to regularization order, dated 25.04.2017.

¶27

2 . Heard Ms.N.Kavitha Rameshwar, learned counsel for

¶28

the petitioner and Mr.M.Siddharthan, learned Additional Government Pleader appearing for the respondents 1 to 3.

¶29

3. By consent of both parties, this writ petition is taken

¶30

up for final disposal at the stage of admission itself.

¶31

4. The petitioner whose service has been regularised

¶32

through G.O.(2D)No.12 School Education Department, dated

¶33

3/7

¶34

https://www.mhc.tn.gov.in/judis

¶35

WP(MD) No.12102 of 2024

¶36

23.02.2017, w.e.f. 09.02.2007 has filed this writ petition seeking Mandamus to direct the respondents to pay the arrears of salary from 09.02.2007 to 22.02.2017. Though the petitioner has given a representation to this effect, the same has not been considered and hence, he has filed this writ petition.

¶37

5 . The petitioner's entitlement to get the arrears of salary

¶38

from the date of his regularisation i.e., 09.02.2007 to 22.02.2017 is not disputed.

¶39

6 . In such case, the petitioner ought to have been given

¶40

with arrears of pay as per the above Government order. Hence, I feel suitable direction should be given.

¶41

7 . In view of the above, this Writ Petition is disposed of

¶42

with a direction to the respondents to consider the petitioner's representation, dated 26.03.2024 and pass appropriate orders on its

¶43

4/7

¶44

https://www.mhc.tn.gov.in/judis

¶45

WP(MD) No.12102 of 2024

¶46

own merits and in accordance with law within a period of four

¶47

weeks from the date of receipt of a copy of this order. No costs.

¶48

10.06.2024

¶49

Index : Yes / No Internet : Yes / No NCC : Yes / No RM

¶50

5/7

¶51

https://www.mhc.tn.gov.in/judis

¶52

WP(MD) No.12102 of 2024

¶53

¶54

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Chennai – 600 009.

¶55

2.The Director of School Education, Directorate of School Education, DPI Campus, College Road, Chennai – 600 006.

¶56

3.The Chief Educational Officer, Thoothukudi District.

¶57

4.The Headmaster, Government Higher Secondary School, Karungulam, Srivaikuntham, Thoothukudi.

¶58

6/7

¶59

https://www.mhc.tn.gov.in/judis

¶60

WP(MD) No.12102 of 2024

¶61

R.N.MANJULA, J.

¶62

¶63

Order made in W.P.(MD)No.12102 of 2024

¶64

Dated: 10.06.2024

¶65

https://www.mhc.tn.gov.in/judis

¶66

7/7

Sakthivel.M v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Sakthivel.M v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Ravichandran, (Edp No.7078) Vs The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd.

M.Baskaran Vs The State of Tamil Nadu

Sivakumar.S Vs The Commissioner

T.Palthurai Vs The General Manager

Ponnayan Vs The Managing Director

V.Subramanian Vs The Managing Director