1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03/08/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.8666 of 2011 G.Jothi W/o.K.Balasubramani 14/8/1E Rajiv Gandhi Nagar Chinnalapatty Dindigul District. ...Petitioner Vs 1.The District Elementary Education Officer, Dindigul. 2.The Assistant Elementary Education Officer, Athoor at Chempatti Dindigul District. 3.The Little Flower Primary School Rep. By its Secretary, Chinnalapatty Dindigul District. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the 1st and 2nd respondents to consider the petitioner's representation dated 22.06.2011. For petitioner ...Mr.T.Ayngar Prabhu For respondents ...Mr.S.Chandrasekar Government Advocate O R D E R The petitioner has approached this Court for a direction to the first and second respondents to consider his representation. 2. Mr.S.Chandrasekar, learned Government Advocate takes notice for the respondents. By consent of both sides, the Writ Petition is taken up for final disposal. 3. Material on record discloses that the petitioner, who is working as a Headmaster in Little Flower Primary School, Chinnalapatti, Dindigul District, was placed under suspension on 29.01.2001, for certain allegations and disciplinary proceeding was also taken. The Management decided to dismiss the petitioner, but the respondents 1 and 2 rejected the approval sought for. When a challenge was made before this Court against the rejection, in W.P.(MD) No.12819 of 2005, this Court has rejected the request. The appeal preferred by the School in W.A.(MD) No.475 of 2009 was also dismissed. While the proceedings were pending before the educational authorities and this court, the petitioner attained the age of superannuation on 30.06.2008. Taking note of the same, while disposing of the Writ Appeal, the Division Bench, directed the appellant Management to pay the balance of arrears of salary within a period of eight weeks from https://hcservices.ecourts.gov.in/hcservices/ 2 the date of receipt of the judgment. The management was also directed to send the proposal for sanction of pension and other terminal benefits to the fourth respondent therein, within a period of two weeks from the date of receipt of a copy of judgment made in the Writ Appeal. 4. The grievance of the petitioner in this writ petition is that though the proposals were sent by the management, on 09.11.2010, for arrears of provident fund, the fifth and sixth pay commission arrears etc., the claim has not been finalised. In this regard, the petitioner made a representation on 22.06.2011 to the respondents 1 and 2. As the petitioner is entitled to the arrears of salary etc., as per the Division Bench judgment of this Court, the respondents are bound to pass appropriate orders. Alleging failure on the part of the respondents 1 and 2 in discharging their duties, the petitioner has sought for a mandamus. 5. Considering the limited relief sought for by the petitioner, learned Government Advocate is put on notice and heard. He submitted that the representation of the petitioner would be considered and appropriate orders will be passed. He prayed for sufficient time. 6. Without expressing any opinion regarding the entitlement of the petitioner, on the basis of the proposals, this Court directs the respondents 1 and 2 to consider the representation of the petitioner in the light of the decision of the Division Bench made in W.A.(MD) No.475 and 746 of 2009 dated 26.02.2010 and in case, if there is any deficiency in the proposals, sent by the Management of the third respondent School, suitable direction may be issued to rectify the defects, and thereafter take necessary action to settle the benefits due and payable to the writ petitioner, if any. The said exercise has to be carried out by the respondents within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is also directed to approach the third respondent School, to send all the service particulars, so as to enable the respondents 1 and 2 to pass appropriate orders. With the above directions, the writ petition is disposed of. No Costs. Sd/ Assistant Registrar (P & A) /True copy/ Sub Assistant Registrar(C.S) To 1.The District Elementary Education Officer, Dindigul. 2.The Assistant Elementary Education Officer, Athoor at Chempatti Dindigul District. +1 CC to the Special Government Pleader, SR.No.26112 RR Writ Petition No.8666 of 2011 03/08/2011 TR : 05.08.2011 : 2p/4c : IT https://hcservices.ecourts.gov.in/hcservices/