Disposed¶29

Guru Vinayagam v. The State of Tamil Nadu

Madras HC28 Apr 2025WP(MD)/11538/2025

Case brief

AI extract

What is this about?

Guru Vinayagam; B.T.(English) Teacher; Government High School Tharuvai; Tirunelveli; non-payment of salary from Feb-2025; representation dated 18.03.2025; Article 226 Constitution of India; Writ of Mandamus; Headmaster Alagurajan; technical reason; salary credited 23.04.2025; order dated 25.04.2025; District Collector; Chief Educational Officer; District Educational Officer; writ petition closed; serious action warning; W.M.P(MD).No.8555 of 2025.

What did the court decide?

Given that the pending salary had been paid and the Headmaster had assured future monthly payment without delay, the Court held that no further orders were required and closed the writ petition along with the connected Miscellaneous Petition. ¶29

Guru Vinayagam Vs The State of Tamil Nadu — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Disposed

¶29

Issue for consideration

Whether respondents 1 to 3 should be directed to consider the petitioner's representation dated 18.03.2025 seeking payment of her salary from February 2025 onwards without delay, and pass appropriate orders thereon within a time stipulated by this Court.

¶21

Court's answer

The Court observed that since the petitioner is regularly working as a Teacher, the non-payment of her salary is illegal, causing her suffering.

¶24

Ratio / Principle

¶29

Key takeaways

The Court cautioned that if the petitioner's salary is not paid without any appropriate proceedings, serious action will be taken against those concerned, including the fourth respondent.obiter¶29

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single Judge (Battu Devanand, J.), 28.04.2025: A B.T.(English) Teacher of Government High School, Tharuvai, Tirunelveli District filed a writ petition under Article 226 of the Constitution seeking a Writ of Mandamus to direct respondents 1 to 3 to consider her representation dated 18.03.2025 for payment of salary from February 2025 onwards without delay, alleging the fifth respondent responsible for the non-payment. Following the Court's order dated 25.04.2025, the Headmaster (Alagurajan) appeared, explained that a technical reason had blocked payment, confirmed that after rectification the salary from Feb-2025 to date was credited to the petitioner's account on 23.04.2025, and assured payment every month hereafter without delay; his statement was placed on record. Holding that non-payment of salary to a regularly working teacher is illegal but that, the grievance having been redressed, no further orders were required, the Court closed the writ petition and the connected W.M.P(MD).No.8555 of 2025, while cautioning that serious action would follow against those concerned, including the fourth respondent, if salary were withheld without appropriate proceedings.

¶1

W.P.(MD)No.11538 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 28.04.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE BATTU DEVANAND

¶6

W.P.(MD)No.11538 of 2025 and W.M.P(MD).No.8555 of 2025

Guru Vinayagam

... Petitioner

Vs.,

1.The State of Tamil Nadu, rep., by its The District Collector, Tirunelveli District, Tirunelveli.

¶11

2.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

¶12

3.The District Educational Officer, Tirunelveli District, Tirunelveli.

¶13

4.The Head Master, Government High School, Tharuvai, Tirunelveli District.

¶14

5.Alagurajan ... Respondents

¶15

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1 to 3 respondents to consider the petitioner's representation dated 18.03.2025 and to pass appropriate orders on the same, within a time stipulated by this Court.

¶16

1/5

¶17

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

¶18

W.P.(MD)No.11538 of 2025

¶19

For Petitioner : Mr.P.M.Vishnu Varthanan For R1 to R4 : Mr.M.Siddarthan Additional Government Pleader

¶20

O R D E R

¶21

This writ petition is filed by B.T.(English) Teacher working in the Government High School, Tharuvai, Tirunelveli District, seeking a direction to the respondents 1 to 3 to consider her representation dated 18.03.2025 and to pass appropriate orders within time frame.

¶22

2. In the said representation, she sought to take steps to pay salary to her

¶23

from the Month of Feb-2025 onwards, without any delay. In fact, in the writ petition, the petitioner stated that the fifth respondent is responsible for nonpayment of salary with effect from the Month of Feb-2025.

¶24

3. Considering the fact that the petitioner is regularly working as Teacher and as such, non-payment of salary is illegal, for which, the petitioner is suffered a lot. Accordingly, this Court directed the appearance of the fourth respondent before this Court vide order dated 25.04.2025.

¶25

2/5

¶26

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

¶27

W.P.(MD)No.11538 of 2025

¶28

4. Pursuant to the order of this Court, Mr.Alagurajan, Headmaster of Government High School, Tharuvai, Tirunelveli District, appeared before this Court. On examination, he submits that due to technical reason, salary is not being paid to the petitioner from the Month of Feb-2025. After rectifying the technical mistake, salary was paid to the petitioner from the Month of Feb-2025 to till date and the same was credited into the account of the petitioner on 23.04.2025. He also assured that salary will be paid to the petitioner hereinafter every month, without any delay. His statement is placed on record.

¶29

5. In view of the above factual position, in my considered view, no further orders are required in the present writ petition. Accordingly, this Writ Petition is closed. However, it is made clear that without any appropriate proceedings, if salary is not paid to the petitioner, serious action will be taken against the concerned including the fourth respondent. No costs. Consequently, connected Miscellaneous Petition is closed.

¶30

28.04.2025

¶31

NCC:yes/no Index:yes/no Internet:yes/no Rmk

¶32

3/5

¶33

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

¶34

W.P.(MD)No.11538 of 2025

¶35

To: