Madras High Court
The State Of Tamil Nadu vs R.Devaraj on 27 August, 2021
W.A.No.2100/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.08.2021
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A.No.2100 of 2021
and C.M.P.No.13311 of 2021
1. The State of Tamil Nadu
Rep. by its Secretary,
Higher Secondary Education Department,
Fort St. George,
Chennai-600 009.
2. The Director of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Chief Educational Officer,
Erode District. .. Appellants/Respondents
Vs.
R.Devaraj .. Respondent/Petitioner
Prayer : Writ Appeal filed under Clause 15 of Letters Patent against the
order dated 17.12.2019 passed in W.P.No.34895 of 2019.
***
For Appellants : Mr.R.Neelakandan,
State Government Counsel
For Respondent : Ms.Dakshayani Reddy
JUDGMENT
The respondent is the writ petitioner and he filed W.P.No.34895 of
2019 seeking for a direction to the respondents therein/the appellants
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W.A.No.2100/2021
herein to include his name to the post of Higher Secondary School
Headmaster relying upon the orders of this Court.
2. The writ petition was disposed of by the writ Courts, inter alia,
relying upon the order of a learned Single Judge of this Court dated
30.07.2019 made in W.P.No.4991 of 2015 and consequential directions
were issued to the appellants herein, who were the respondents therein,
in terms of the said order of the learned Single Judge dated 30.07.2019.
The appeal filed by the Government against the said order in
W.A.No.3904 of 2019 was allowed in part on 13.01.2020. However, the
Hon'ble First Bench admitted the review application filed by some of the
aggrieved third parties against the said order on 01.09.2020, after
obtaining leave of this Court. The writ appeals filed by the Government,
along with the Writ Appeal of the third parties against the orders of the
learned Single Judges granting the similar relief, were also posted along
with the review application before this Court.
3. In the meanwhile, a Division Bench of the Madurai Bench of this
Court passed an order dated 01.06.2021 in W.A.(MD)Nos.299 of 2021,
etc. batch (The Secretary, Government of Tamil Nadu, School
Education Department, Fort St. George, Chennai V. C.Murugan)
accepting the contentions of the Government and thereby allowing the
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W.A.No.2100/2021
appeals filed by the State by setting aside the similar directions given by
the learned Single Judges in a batch of writ petitions in W.P.(MD)No.5984
of 2020, etc. batch, dated 24.03.2020, wherein, direction was issued to
the Government to regularise the services of the writ petitioners from the
date of initial appointment till 01.01.2006 with consequential benefits.
4. This Court has considered the said issue elaborately in the
judgment delivered on 17.08.2021 in the said review application in
Rev.Appln.No.60 of 2020 in W.A.No.3904 of 2019, etc. batch. and taking
note of the judgment of the Division Bench of the Madurai Bench of this
Court passed in C.Murugan's case [cited supra], held as follows :
"35. The First Bench, also had passed a reasoned order on
01.09.2020 to admit the review application. In view of the
discussions made hereinabove, the Review petition No.60 of 2020
and W.A.No.723 of 2020 filed by the third parties, whose rights are
affected by the said order, are allowed and consequently, the order
dated 13.01.2020 passed in W.A.No.3904 of 2019 is recalled. As a
natural corollary, the order passed by the writ Court dated
30.07.2019 in W.P.No.4991 of 2015 is set aside and the writ petition
is dismissed.
36. In view of the orders passed by us in the instant review
petition, the writ appeals filed by the Government in W.A.Nos.245,
246 and 462 of 2020 are also allowed and the respective orders
passed by the learned Single Judges, which were impugned therein,
are also set aside and those writ petitions are dismissed.
37. It is also made clear that any order passed by this Court
placing reliance on the judgment dated 13.01.2020 in W.A.No.3904
of 2019 and the order dated 30.07.2019 in W.P.No.4991 of 2015
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cannot be given effect to, in view of the order passed in the review
petition recalling the order dated 13.01.2020."
5. Following the said judgment, this writ appeal is allowed and the
order of the learned Single Judge impugned herein is set aside and the
writ petition is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
(P.S.N., J.) (K.R., J.)
27.08.2021
Index : Yes / No
Internet: Yes
To
1. The Secretary,
Department of School Education,
Government of Tamil Nadu,
Fort St. George,
Chennai-600 009.
2. The Director of School Education,
DPI Campus, College Road,
Chennai-600 006.
3. The Chief Educational Officer,
Erode District.
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W.A.No.2100/2021
PUSHPA SATHYANARAYANA, J.
AND
KRISHNAN RAMASAMY, J.
gg
W.A.No.2100 of 2021
27.08.2021
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