Madras High Court
Binoba vs The Secretary To Government on 11 June, 2021
W.A.(MD)No.1191 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1191 of 2021
Binoba ... Appellant
Vs.
1.The Secretary to Government,
State of Tamil Nadu,
School Education Department,
Fort St. George, Chennai – 9.
2.The Director of School Education,
DPI Campus,
College Road,
Chennai -6.
3.The Chief Educational Officer,
Kannyakumari District,
Kannyakumari.
4.The District Educational Officer,
Kuzhithurai, Kannyakumari District.
5.The Correspondent,
Concordia Higher Secondary School,
Pootteti, Theruvukkadai Post,
Kanyakumari District. ... Respondents
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1/4
W.A.(MD)No.1191 of 2021
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Appeal,
praying to set aside the order dated 08.01.2019 passed in WP(MD)No.17368 of
2016 on the file of this Court by allowing this appeal.
For Appellant : Mr. T.A.Ebenezer
For R1 to R4 : Mr.A.K.Manikkam
Standing Counsel for Government
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr. T.A.Ebenezer, learned Counsel appearing for the
appellant and Mr.A.K.Manikkam, learned Standing Counsel for Government
appearing for the respondents 1 to 4.
2. This Writ Appeal is directed against the order dated 08.01.2019 in
WP(MD)No.17368 of 2016 wherein the appellants sought for a direction to the
respondents 1 to 4 to disburse the salary to the appellant for the period from
25.07.1996 to 16.10.2016 in the post of secondary grade Teacher in the fifth
respondent School.
3. The Writ Petition was dismissed noting the fact that the appellant
was appointed by the fifth respondent School in an unsanctioned post and the
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W.A.(MD)No.1191 of 2021
order of appointment made it clear that the appellant has been appointed
expecting sanction of additional post. Unfortunately, the Government did not
sanction the post and there was also a Management dispute in the fifth
respondent School, as a result of which, the appellant's appointment was not
approved. In the said circumstances, no Writ of Mandamus can be issued to the
respondents 1 to 4 to compel them to sanction grant of additional post. If at all
the appellant has a claim, she has to work it out against the fifth respondent
School and not against the official respondents. Hence, there is no error in the
order passed in the Writ Petition.
4. Accordingly, the Writ Appeal is dismissed. However, we leave it
open to the appellant to workout her remedy as against the fifth respondent
School, if so advised. No costs.
[T.S.S., J.] & [S.A.I., J.]
11.06.2021
Index : Yes / No
Internet : Yes / No
mbi/rm
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1191 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.1191 of 2021
11.06.2021
https://www.mhc.tn.gov.in/judis/
