Madras High Court
The District Elementary ... vs M.Chitra ... 1St on 8 February, 2021
W.A(MD)Nos.500 & 501 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)Nos.500 & 501 of 2014
and
M.P(MD)Nos.1 & 2 of 2014
1.W.A(MD)No.500 of 2014:-
1.The District Elementary Educational Officer,
Tiruchi.
2.The Assistant Elementary Educational Officer,
Tiruchi Urban,
Tiruchi. ... Appellants/Respondents 1 & 2
Vs.
1.M.Chitra ... 1st Respondent/Petitioner
2.The Secretary,
Thennur Middle School,
Thennur,
Tiruchi. ... 2nd Respondent/3rd Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 10.03.2011 made in W.P(MD)No.2149 of 2011
on the file of this Court.
For Appellants : Mrs.S.Srimathy,
Special Government Pleader.
For R – 1 : Mr.S.N.Ravichandran
For R – 2 : Mr.D.Gnanasekaran
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W.A(MD)Nos.500 & 501 of 2014
2.W.A(MD)No.501 of 2014:-
1.The District Elementary Educational Officer,
Tiruchi.
2.The Assistant Elementary Educational Officer,
Tiruchi Urban,
Tiruchi. ... Appellants/Respondents 1 & 2
Vs.
1.A.Dhanalakshmi ... 1st Respondent/Petitioner
2.The Secretary,
Thennur Middle School,
Thennur,
Tiruchi. ... 2nd Respondent/3rd Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 10.03.2011 made in W.P(MD)No.2150 of 2011
on the file of this Court.
For Appellants : Mrs.S.Srimathy,
Special Government Pleader.
For R – 1 : Mr.S.N.Ravichandran
For R – 2 : Mr.D.Gnanasekaran
COMMON JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
These Writ Appeals were directed against the order, dated
10.03.2011 passed in W.P(MD)Nos.2149 and 2150 of 2011
respectively.
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W.A(MD)Nos.500 & 501 of 2014
2.The Writ Petitions were filed for Writs of Mandamus, directing
the first respondent to approve the appointment of the petitioners as
Secondary Grade/Graduate Teacher with effect from 13.04.2010 and
12.04.2010 respectively on the basis of the proposal of the third
respondent School dated 16.04.2010 and 16.04.2010 respectively
with all consequential benefits and the same were disposed of by
order dated 10.03.2011, directing the authorities to consider the
request of the petitioners for approval of their appointment as
Secondary Grade/Graduate Teacher with effect from 13.04.2010 and
12.04.2010 respectively with all consequential benefits. Aggrieved by
the said order, the above Writ Appeals were filed.
3.When the matters are taken up for hearing, the learned
Special Government Pleader appearing for the appellants filed two
separate memos, both dated 08.02.2021, which is extracted as
under:-
“The Writ Petitions were filed inter alia praying for
Writ of Mandamus, directing the first respondent to
approve the appointment of the petitioners as Secondary
Grade/Graduate Teacher with effect from 13.04.2010 and
12.04.2010 respectively on the basis of the proposal of
the third respondent School dated 16.04.2010 and
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W.A(MD)Nos.500 & 501 of 2014
16.04.2010 respectively with all consequential benefits.
The Writ Petitions were allowed vide order, dated
10.03.2011. Aggrieved over the same, the respondents
had preferred Writ Appeals in W.A(MD)Nos.500 and 501
of 2014. Since the post was surrendered to the
“Director's Common Pool”, the appointment could not be
approved. In the meanwhile the School had submitted a
requisition to grant the post which was surrendered to
the “Director's Common Pool”. After considering the
request the Director has again granted the post vide
proceedings dated 06.07.2012. After the post was
granted the records of the School and the individuals
were verified. The record states that the petitioners were
working from their original date of appointment ie., from
12.04.2010 and therefore the appointment was approved
vide order dated 09.07.2012. Thereafter, the petitioners
were paid salary and other monetary benefits.
Thereafter, selection grad in the year 2020 was also paid.
Hence, the Writ Appeals have become infructuous and
the same may be recorded.”
4.In view of the above, these Writ Appeals are dismissed as
infructuous. No costs. Consequently, connected Miscellaneous Petitions
are closed.
[P.S.N.,J] [S.K.,J.]
08.02.2021
Index :Yes/No
Internet :Yes/No
ps
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W.A(MD)Nos.500 & 501 of 2014
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the advocate
/ litigant concerned.
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W.A(MD)Nos.500 & 501 of 2014
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
To
1.The District Elementary Educational Officer,
Tiruchi.
2.The Assistant Elementary Educational Officer,
Tiruchi Urban,
Tiruchi.
W.A(MD)Nos.500 & 501 of 2014
08.02.2021
http://www.judis.nic.in
