Madras High Court
The State Of Tamil Nadu vs I.Jeyaraj ... 1St on 14 July, 2021
W.A.(MD)No.1369 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1369 of 2021
and
C.M.P(MD).No.5710 of 2021
1. The State of Tamil Nadu,
Rep. by its Secretary,
Department of School Education,
Fort St.George, Chennai - 600 006.
2. The Director of Elementary Education,
College Road, Chennai 600 006.
3. The District Elementary Educational Officer,
Thoothukudi, Thoothukudi District.
4. The Additional Assistant Elementary
Educational Officer,
Alwarthirunagari,
Thoothukudi District. ... Appellants/Respondents
Vs.
1. I.Jeyaraj ... 1st Respondents/Writ Petitioner
2. The Correspondent,
TNDTA Middle School,
Thoothukudi District.
... 2nd Respondent/5th Respondent
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W.A.(MD)No.1369 of 2021
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.8929 of 2014, dated 20.06.2019.
For Appellants : Mr.A.K.Manickam,
Standing Counsel for Government
For Respondents : Mr.Kingsly Solomon for R2
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.A.K.Manickam, learned Government Counsel
appearing for the appellants and Mr.Kingsly Solomon, learned counsel
appearing for the second respondent.
2. Identical impugned order was the subject matter of challenge in
C.M.P.(MD)Nos.8928, 8930, 8932 and 8933 of 2019 in Rev.Aplc.
(MD)Nos.SR60881, to SR60884 of 2019 and after elaborately hearing the
learned counsel for the parties, the same was dismissed by the order dated
09.07.2021. The operative portion of the order reads as under:
"4. Further more, we have briefly heard the learned
Government Counsel, on the merits of the matter and we find that the
grounds raised by the review petitioners in these review petitions
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W.A.(MD)No.1369 of 2021
were not canvassed in the Writ Petitions. That apart, in the decision
of the Hon'ble Full Bench, several Aided School Teachers are parties
and they have been granted benefits. That apart, the learned counsel
for the respondents / writ petitioners has also pointed out that G.O.
(Ms).No.1381, Education Department, dated 05.10.1990, does not
make any distinction with regard to the award of Selection Grade and
Special Grade to Head Masters of Primary Schools and it covers
such Head Masters under all Management. Therefore, we decline to
excise the discretion in the matter and dismiss these petitions.
Accordingly, these Miscellaneous Petitions are dismissed.
Consequently, the connected Rev.Aplc.(MD)Nos.SR60881 to
SR60884 of 2019 are rejected at the S.R. stage itself. No costs."
3. Following the same, this writ appeal stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 14.07.2021
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W.A.(MD)No.1369 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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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.
W.A.(MD)No.1369 of 2021
14.07.2021
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