V. Sakunthala vs The Director of Rural Development Department, The District Collector and The commissioner, Kallakurichi Panchayat Union

P. Jyothimani, J.—The petitioner was appointed as a Conductress, in the School run by the third respondent on 02.02.73 and she was

retired from service on 28.02.99. However, her service was not regularised. In view of the same, she has filed O.A. No. 3725/2002 before the

Tamil Nadu Administrative Tribunal. The Tribunal, by order dated 24.01.2003, while allowing the O.A. has directed the respondents to settle all

amounts due to the petitioner including the arrears amount on account of the revision and regularisation done by the Government and disburse the

same at the earliest point of time.

The Tribunal has also categorically held that the claim of the applicant has been admitted by the respondents and the respondents have only

stated that after the pay has been fixed and after the order made in 2000, she has been paid the salary subsequently. However it is admitted that no

arrears have been paid.

It was in those circumstances, the Tribunal after considering the entire facts and also specific submission made on behalf of the respondents has

issued the above direction.

In spite of the direction given by the Tribunal, which was on 24.01.2003, the respondents have not implemented the same which resulted in filing

of the present writ petition for a direction against the respondents to implement the order in O.A. No. 3725/2002 dated 24.01.2003 passed by the

Tamil Nadu Administrative Tribunal, Chennai.

When the matter came up for admission, this Court has directed the learned Government Advocate to take notice and report the same.

Today when the matter is posted for orders, Mr. A. Edwin Prabakar learned Government Advocate, who has taken notice on behalf of the

respondents would submit that, part of the amount has been paid to the petitioner and the remaining amount is yet to be paid.

I have heard the learned Counsel for the petitioner as well as the learned Government Advocate.

A reference to the order of the Tribunal discloses that the Tribunal has not only passed orders on merits but also on a specific admission made

on behalf of the respondents and it was in those circumstances, a direction was issued by the Tribunal. There is absolutely no reason on the part of

the respondent in not obeying the order of the Tribunal.

In view of the same, the third respondent is directed to implement the order of the Tamil Nadu Administration Tribunal dated 24.01.03 in O.A.

No. 3725/ 2002 within a period of 6 weeks from the date of receipt of a copy of this order. Further, making it clear within the time stipulated, the

entire amount due shall be paid to the petitioner if there are no other legal impediment.

In the result, the writ petition is disposed of with the above direction. No costs.