1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26/08/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.9203 of 2011 P.Kannan ... Petitioner Vs 1.The Commissioner of Adi-Dravidar and Tribal Welfare, Ezhilagam, Cheppakkam, Chennai. 2.The District Adi Dravidar and Tribal Welfare Officer, Tiruchirappalli District, Tiruchirappalli. 3.The Headmaster, Adi-Dravidar Welfare High School, Balakrishnampatti, Thuraiyur Taluk, Trichy 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 respondents to consider the representations of the petitioner dated 03.09.2009, 10.10.2009, 15.02.2010, 31.05.2010 and ending up with 08.06.2010 submitted through proper channel for payment of arrears of salary for the period 01.04.2009 to 13.08.2009. For petitioner ...Ms.J.Maria Roseline For respondents 1 to 3 ...Mr.T.S.Mohammed Mohideen Addl. Government Pleader O R D E R Alleging that the respondents have not disbursed the arrears of salary for the period between 01.04.2009 to 13.08.2009, the petitioner has sent representations dated 03.09.2009, 10.10.2009, 15.02.2010 and 31.05.2010 to the respondents. 2. According to the petitioner, while he was working as B.T.Assistant (Teacher) in Government Adi -Dravidar Welfare High School, Balakrishnampatti, Thuraiyur Taluk, Trichy District, for an alleged incident, in which, one Mr.Muthulingam of Thuraiyur was injured, a case was registered on 23.02.2009 by Thuraiyur Police Sation in Crime No.113 of 2009 under Sections 279 and 337 IPC, in which, some unknown persons were cited as accused. Subsequently, the above case has been altered from 279 and 337 IPC to 147, 341, 294(b), 324 and 506(ii) IPC, in which, the petitioner has been falsely implicated as an accused. The petitioner has further submitted that anticipatory bail was also obtained and he was not suspended from service for the above said offences. When he reported for joining duty on 04.05.2009, the Headmaster of the Adi -Dravidar Welfare High School, Balakrishnampatti, Thuraiyur Taluk, Trichy District, https://hcservices.ecourts.gov.in/hcservices/ 2 has directed the petitioner to get the concurrence from the District Adi- Dravidar and Tribal Welfare Officer, the second respondent herein. Though there was no legal impediment for the petitioner to join duty, the second respondent and the Superintendent in the office of the second respondent demanded consideration for issuing necessary orders, permitting the petitioner to join duty, which forced the petitioner to make complaints to the Vigilance and Anticorruption Department, who registered a case in Crime No.21 of 2009 and that a trap was also laid, in which, certain officers were arrested. Subsequently on 12.08.2009, the petitioner was permitted to join duty. After joining duty, he has made the above representations to disburse the salary for the period between 01.04.2009 to 13.08.2009. As there was no response to the said representations, the petitioner has come forward with this writ petition for the relief, as stated supra. 3. Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, who took notice and acknowledged the receipt of the representations claiming salary for the period between 01.04.2009 to 13.08.2009, on instructions, submitted that there is no S.MANIKUMAR, J. objection for the respondents, for an order being passed to consider the representations. 4. On the facts and circumstances of the case and recording the submissions of the learned Additional Government Pleader, a direction is issued to the District Adi – Dravidar Welfare Officer and Tribal Welfare Officer, Tiruchirappalli District, Tiruchirappalli, the second respondent herein, to pass orders on any one of the representations stated supra, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5. With the above directions, the writ petition is disposed of. No costs. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar(CS) To 1.The Commissioner of Adi-Dravidar and Tribal Welfare, Ezhilagam, Cheppakkam, Chennai. 2.The District Adi Dravidar and Tribal Welfare Officer, Tiruchirappalli District, Tiruchirappalli. 3.The Headmaster, Adi-Dravidar Welfare High School, Balakrishnampatti, Thuraiyur Taluk, Trichy District. +1cc to Mr.Sribalaji, Advocate, Sr.No.29477 RR GH : 13.09.2011 : 2p/5c Writ Petition No.9203 of 2011 https://hcservices.ecourts.gov.in/hcservices/