Madras High Court
M.Subramoniam vs The Chief Educational Officer on 8 July, 2022
Author: D. Krishnakumar
Bench: D. Krishnakumar
W.P.No.9255 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2022
CORAM
THE HONOURABLE Mr.JUSTICE D. KRISHNAKUMAR
W.P.No.9255 of 2022
M.Subramoniam ...Petitioner
Vs.
1. The Chief Educational Officer,
Thiruvallur 602101.
2. The District Educational Officer,
Ambattur, Chennai 600053.
3. The Secretary,
P.J.Gupta's High School,
51/193, MTH Road, Ambattur,
Chennai 600 053. Respondents
Prayer:- This Writ Petition is filed under Article 226 of the Constitution
of India, seeking for a Writ of Certiorarified Mandamus to call for the
records of the third respondent relating to the order dated 23.07.2021
suspending the petitioner from service and quash the same and to direct
the respondents to restore the petitioner in service with full salary and
other consequential benefits from 23.07.2021.
For Petitioner : M/s.S.Rajeni Ramadass
For Respondents
for RR1 & 2 : Mr.S.Rajesh, G.A.
for R3 : No Appearance
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W.P.No.9255 of 2022
ORDER
This petition has been filed for issuance of a Writ of Certiorarified Mandamus to call for the records of the third respondent relating to the order dated 23.07.2021 suspending the petitioner from service and quash the same and to direct the respondents to restore the petitioner in service with full salary and other consequential benefits from 23.07.2021.
2. The petitioner joined the third respondent School as a Secondary Grade Teacher on 29.01.1996. Due to certain misunderstandings between the petitioner and the Management Staff of the said School, a false and frivolous complaint was made against the petitioner by them. Subsequently, the third respondent without giving any opportunity to the petitioner, suspended him on 23.07.2021, which is against the Rules. Hence, the present petition.
3. The learned counsel appearing for the petitioner submitted that the petitioner has now been reinstated into service on 18.03.2022 and he is working in the respondent School. However, the respondent has https://www.mhc.tn.gov.in/judis 2/5 W.P.No.9255 of 2022 not paid salary to the petitioner. Pending Writ Petition, the petitioner made a representation to the respondents 2 and 3 on 19.04.2022 to settle the arrears of salary from March 2022 to till date and thereafter, pay the salary regularly. However no order has been passed on the said representation.
4. The learned Government Advocate appearing for the respondents 1 and 2 submitted that the representation of the petitioner will be considered in accordance with law.
5. Considering the above submissions, in order to meet the ends of justice, this Court, directs the petitioner to furnish a copy of the said representation, dated 19.04.2022 to the second respondent along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent/District Educational Officer, shall consider the said representation and pass orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the third respondent Management, within a period of eight weeks. https://www.mhc.tn.gov.in/judis 3/5 W.P.No.9255 of 2022
6. With the above directions, the Writ Petition is disposed of. No costs.
08.07.2022
Index : Yes/No
pvs
To
1. The Chief Educational Officer,
Thiruvallur 602101.
2. The District Educational Officer,
Ambattur, Chennai 600053.
3. The Secretary,
P.J.Gupta's High School,
51/193, MTH Road, Ambattur,
Chennai 600 053.
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W.P.No.9255 of 2022
D. KRISHNAKUMAR.J.,
pvs
W.P.No.9255 of 2022
08.07.2022
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