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HIGH COURT OF MADRAS
Honourable Mr Justice N. ANAND VENKATESH
SHANTHI – Appellant
Versus
THE PRINCIPAL SECRETARY TO THE GOVERNMENT – Respondent
Mandamus - Employment - Not Specified - The court directed a government official to consider a petitioner's representation for back wages for a period of 370 days, emphasizing the need for timely administrative action in employment-related grievances.
Fact of the Case:
The petitioner, a Cook, was transferred to a boys' hostel and sought to contest it. After a writ petition, she was transferred again but did not receive wages for 370 days, prompting a new petition for wage payment.
Finding of the Court:
The court determined that the 5th respondent must consider the petitioner's representation regarding unpaid wages for 370 days and make a decision based on merits and law within four weeks.
Issues: Whether the petitioner is entitled to receive back wages for the period during which she was not paid due to administrative delays.
Ratio Decidendi: It is the obligation of government authorities to address employment grievances and the petitioner must be afforded due process regarding her claims for unpaid wages.
Final Decision: The court disposed of the writ petition with directions to the 5th respondent to consider the petitioner's representation for wages.
O R D E R
This writ petition has been filed for issue of writ of mandamus directing the 5th respondent to consider the representation made by the petitioner on 06.02.2024, wherein, the petitioner is seeking for payment of back wages and salary for 370 days.
2.Heard Mr.S.Madhusudanan, learned counsel appearing on behalf of the petitioner and Mr.K.Tamilvendan, learned Government Advocate appearing on behalf of the respondents.
3.The case of the petitioner is that she was working as a Cook and she was transferred to Adi Dravidar Welfare Boys Hostel at Kaniyur through proceedings dated 16.12.2022. The petitioner gave a representation/complaint to the effect that she cannot be transferred to the boys hostel. On receipt of the representation, the 5th respondent did not take any steps and therefore, the petitioner filed W.P.No.13555 of 2023 before this Court for a direction to the respondents to consider the representation. This writ petition was disposed of by this Court on 12.06.2023, directing the respondent to consider the representation.
4.Pursuant to the above order, the 4th respondent through proceedings dated 20.12.2023, transferred the petitioner to the Government Girls Hostel at Udumalpet, Tiruppur District.
5.The grievance of the petitioner is that for a period of 370 days when this process was going on, she was neither paid any salary or wages. Therefore, the petitioner made a representation on 06.02.2024 to the 5th respondent to pay the salary/wages for the period of 370 days. Since the representation did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate direction.
6.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this writ petition, there shall be a direction to the 5th respondent to consider the representation made by the petitioner on 06.02.2024 and take a decision regarding the payment of wages/salary for a period of 370 days on its own merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order.
7.The petitioner is directed to make a fresh representation to the 5th respondent along with all the relevant documents and also a copy of this order.
8.This writ petition is disposed of with the above directions. No Costs.
19.08.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To
1.The Principal Secretary to the Government Adi Dravidar Welfare Hill Tribes and Bonded Labour Welfare Department, Secretariat, Chennai. 2.The Commissioner, Adi Dravidar Welfare Department, Chepauk, Chennai-05.
3.The District Collector Collectorate, Tiruppur-641 604.
N. ANAND VENKATESH, J.
ssr
4.The District Adi Dravidar Welfare Officer, The Schedule Caste and Schedule Tribes Welfare Department, Tiruppur, Tiruppur District.
5.The Special Tashidar The Schedule Caste and Schedule Tribes Welfare Department, Tasildar Officer Compound, Kangeyam, Tiruppur, Tiruppur District.
W.P.No.23388 of 2024
19.08.2024
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