Madras High Court
The District Elementary ... vs G.Justeen on 10 June, 2021
W.A.(MD)No.1128 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1128 of 2021
and
C.M.P.(MD)No.4933 of 2021
1.The District Elementary Educational Officer,
Nagercoil - 629 001,
Kanyakumari District.
2.The Assistant Elementary Educational Officer,
Munchirai, Kanyakumari District. ... Appellants
Vs.
1.G.Justeen
2.The Diocese of Roman Catholic of Kottar,
Nagercoil.
3.The Correspondent,
St.Mary RC Middle School,
Pudukadai - 629 171,
Kanyakumari District.
4.Josephin Mary, Teacher,
St.Mary Primary School, Venkcode,
Kanyakumari District. ... Respondents
https://www.mhc.tn.gov.in/judis/
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W.A.(MD)No.1128 of 2021
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Appeal,
praying to set aside the order dated 26.09.2018 in W.P.(MD)No.16758 of 2013.
For Appellants : Mr.R.Baskaran,
Standing Counsel for Government
For Respondents : M/s.A.Amala for R1
R2 - No appearance
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.R.Baskaran, learned Standing Counsel for
Government appearing for the appellants and M/s.A.Amala, learned Counsel
appearing for the first respondent.
2. This Writ Appeal has been filed by the Educational Department
questioning the correctness of the order dated 26.09.2018 in W.P(MD)No.16758
of 2013 filed by the first respondent herein.
3. The School in which the first respondent was working namely, the
third respondent herein also filed a separate Writ Petition in W.P(MD)No.12168
of 2011. The prayer sought for in the Writ Petition filed by the first respondent
herein was to quash the order passed by the first appellant, dated 06.07.2011
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1128 of 2021
and direct the first appellant to post the first respondent herein in the retirement
vacancy of one T.Rosemary in St.Francis Primary School or in any other
vacancy in the School Administration of the third respondent. The Writ Petition
was allowed by the impugned order, dated 26.09.2018.
4. The learned counsel appearing for the first respondent / writ
petitioner submitted that the appellant Department has complied with the order
and direction issued in the Writ Petition and salary and all other attendant
benefits have been paid to the first respondent and the first respondent passed
away on 15.07.2019. Thus, recording the said submission, this Writ Appeal is
closed on the ground that nothing survives for adjudication. No costs.
Consequently, the connected Miscellaneous Petition is closed.
[T.S.S., J.] & [S.A.I., J.]
10.06.2021
Index : Yes / No
Internet : Yes / No
mbi/rm
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1128 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
mbi/rm
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.
JUDGMENT MADE IN
W.A.(MD)No.1128 of 2021
10.06.2021
https://www.mhc.tn.gov.in/judis/
