Madras High Court
The Director vs T.Thanka Linda on 9 April, 2025
Bench: J.Nisha Banu, S.Srimathy
W.A.(MD)No.943 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A.(MD)No.943 of 2025
&
C.M.P.(MD)No.6048 of 2025
1.The Director,
Directorate of Tribal Welfare,
Chepauk, Chennai-05.
2.The Head Master,
Government Tribal Residential Hr.Sec.School,
Pechiparai, Kanniyakumari District.
3.The Secretary to Government,
Adi Dravidar and Tribal Welfare Department,
Secretariat, Chennai-9. ... Appellants
-Vs-
T.Thanka Linda ... Respondent
PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to
set aside the order dated 26.09.2023 made in W.P.(MD)No.22958 of 2023 on the
file of this Court.
Page 1 of 5
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 05:26:24 pm )
W.A.(MD)No.943 of 2025
For Appellants : Mr.J.Ashok,
Additional Government Pleader
For Respondent : Mr.S.Titus
JUDGMENT
[Judgment of the Court was delivered by J.NISHA BANU, J.]
This Writ Appeal is directed against the order of the Court dated
26.09.2023 made in W.P.(MD)No.22958 of 2023.
2.It is the case of the respondent / writ petitioner that while he was
working as Government Tribal Residential School Teacher in the 2nd appellant
school, he was holding additional charge of Headmaster for a period of 10 months
continuously from 01.06.2017 to 31.03.2018, for which, he is entitled for
additional charge pay as per Section 49 of Fundamental Rules and as per
G.O.(Ms)No.153, Personnel and Administrative Reforms (FR-IV) Department of
Government of Tamil Nadu, dated 05.12.2017. Therefore, he made several
representations to the 1st appellant. However, they same have not been
considered. Therefore, he has filed the said Writ Petition.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 05:26:24 pm )
3.The Writ Court, after hearing both sides, disposed of the said Writ
Petition vide order dated 26.09.2023, directing the 3rd appellant to consider the
representation of the writ petitioner and pass final orders to pay additional charge
salary for 10 months as Headmaster additional charge within a period of twelve
weeks from the date of receipt of a copy of the order. Aggrieved by the same, the
appellants have filed this Writ Appeal.
4.The learned Additional Government Pleader appearing for the
appellants would submit that the appellants are only aggrieved with the positive
direction given by the Writ Court ie., “pass final orders to pay additional charge
salary for 10 months as Headmaster additional charge within a period of twelve
weeks from the date of receipt of a copy of the order” and therefore, the same
may be removed, however, the representation of the writ petitioner would be
considered on its own merits.
5.Considering the submissions made by the learned Additional
Government Pleader for the appellants, without going into the merits of the
matter, we direct the 3rd appellant to consider the representation of the writ
petitioner and pass appropriate orders on its own merits and in accordance with
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 05:26:24 pm )
law within a period of twelve weeks from the date of receipt of a copy of this
order.
6.With the above modification in the order impugned herein, this Writ
Appeal is disposed of. No costs. Consequently, connected miscellaneous petition
is closed.
[J.N.B., J.] & [S.S.Y., J.]
09.04.2025
NCC : Yes / No
Index : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 05:26:24 pm )
J.NISHA BANU, J.
AND
S.SRIMATHY, J.
Yuva
09.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 05:26:24 pm )
