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Madras High Court · body

2015 DIGILAW 238 (MAD)

R. Ganesan v. Director of Elementary Education

2015-01-19

K.RAVICHANDRA BAABU

body2015
Judgment 1. Mr. J. Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents and by consent of both the parties, the main writ petition itself is taken up for final disposal at the stage of admission. 2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3. In this writ petition, the petitioner is seeking for a Writ of Mandamus to direct the third respondent to send the Last Pay Certificate and Service records of the petitioner to the fourth respondent without insisting to settle the entire loan amount due to Q1198 Thiruppalai Panchayat Union Officers and Teachers Co-Operative Credit Society Ltd. 4. The case of the petitioner is that the petitioner was appointed as B.T.Assistant in Panchayat Union Middle School, Kuthukalvalasai, Thiruppalai Union, Ramanathapuram District and subsequently, he was transferred to the fourth respondent School. Accordingly, he joined duty in the transferred place on 22.07.2014. The Assistant Elementary Educational Officer, Thiruppullani, Sivagangai District, called for the Last Pay Certificate and Service records of the petitioner so as to disburse the salary from the month of July 2014. However, the third respondent has not chosen to send those details for the reason that the petitioner has to pay the entire loan due to the Co-operative Credit Society. 5. At the time of last hearing, the learned Counsel appearing for the petitioner submitted that the petitioner would pay the arrears of loan from July 2014 till January 2015 and the remaining monthly installments may be deducted from the petitioner's salary through the fourth respondent. Accordingly, he has given an undertaking to file an additional affidavit to that effect. 6. Today, an affidavit filed by the petitioner dated 19.01.2014 is filed before this Court, wherein in paragraphs 7 and 8, it is stated as follows: "7. I submit that due to non-payment of my salary from the month of July 2014 onwards I could not repay the monthly installments from the said month and I am struggling out of penury without my salary. The arrears of the loan due as on date is as follows: MONTHLY DUE DUE AMOUNT JULY 2014 Rs.10,096/- AUGUST 2014 Rs.12,096/- SEPTEMBER 2014 Rs. 9,815/- OCTOBER 2014 Rs. 9,946/- NOVEMBER 2014 Rs. 9,718/- DECEMBER 2014 Rs. 9,846/- JANUARY 2015 Rs. 9,796/- TOTAL Rs.71,313/- 8. The arrears of the loan due as on date is as follows: MONTHLY DUE DUE AMOUNT JULY 2014 Rs.10,096/- AUGUST 2014 Rs.12,096/- SEPTEMBER 2014 Rs. 9,815/- OCTOBER 2014 Rs. 9,946/- NOVEMBER 2014 Rs. 9,718/- DECEMBER 2014 Rs. 9,846/- JANUARY 2015 Rs. 9,796/- TOTAL Rs.71,313/- 8. I submit that I hereby I undertakes that upto date arrears of the loan from July 2014 which comes to the tune of Rs.71,313/- may be deducted from my salary arrears and the remaining monthly installment may be deducted from my monthly salary through the fourth respondent as fixed by the Society. Hence, I have filed this affidavit to that effect." 7. The learned Government Advocate appearing for the respondents submitted that the above undertaking given by the petitioner may be recorded and the writ petition may be disposed of accordingly. 8. It is seen that the petitioner, who was working as B.T.Assistant in the Panchayat Union Middle School, Kuthukalvalasai, Thiruppalai Union, Ramanathapuram District, was transferred to the fourth respondent School. However, the service records and Last Pay Certificate were not sent to the fourth respondent by the third respondent only for the reason that the petitioner is having loan due to the Co-operative Credit Society. 9. Now, as the petitioner has given an undertaking that the arrears of installments from July 2014 to the tune of Rs.71,313/- may be deducted from his salary and the remaining amount may be deducted from the monthly salary from the fourth respondent, I find that there cannot be any impediment for the third respondent to send the Last Pay Certificate and the service records of the petitioner to the fourth respondent without any further delay. 10. Accordingly, the writ petition is disposed of on the following terms: a) The respondents are at liberty to deduct Rs.71,313/- being the installments due from the petitioner commencing from the month of July 2014 from the salary arrears of the petitioner till January 2015. b) The monthly installments thereafter shall be deducted from the salary of the petitioner through the fourth respondent as fixed by the Society. c) The third respondent shall send the Last Pay Certificate and service records to the fourth respondent within a period of two weeks from the date of receipt of a copy of this order. No costs.