Madras High Court
The Pachaiyappa'S Trust vs Shrimathy Ramalingam on 30 November, 2021
W.A.No.2913 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 30.11.2021
CORAM:
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.A.No.2913 of 2021
and C.M.P.No.19717 of 2021
The Pachaiyappa's Trust
rep by its Secretary,
Pachaiyappa's College Campus,
Chennai – 600 030. ... Appellant
Vs.
1.Shrimathy Ramalingam
2.Government of Tamil Nadu,
rep by the Principal Secretary to Government,
Department of Higher Education,
Secretariat, Chennai – 600 009.
3.The Director of Collegiate Education,
DPI Campus, College Road,
Chennai – 600 006.
4.The Joint Director of Collegiate Education,
Vellore Region, Vellore – 632 006.
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W.A.No.2913 of 2021
5.Pachaiyappa's College for women,
rep by its Principal,
Kanchipuram – 631 501.
6.The Pachaiyappa's College,
rep by its Principal In-charge,
Pachaiyappa's College Campus,
Chennai – 600 030. ... Respondents
Appeal filed under Clause 15 of the Letters Patent against the
order dated 17.11.2021 made in W.M.P.No.25788 of 2021 in
W.P.No.24467 of 2021.
For Appellant : Ms.Dakshayani Reddy
For Respondents : Mr.N.G.R.Prasad (R1)
Mr.S.Arumugam,
Government Advocate (R2 & R3)
JUDGMENT
(Judgment was delivered by M.DURAISWAMY, J.)
Challenging the interim order passed in W.M.P.No.25788 of 2021
in W.P.No.24467 of 2021, the 4th respondent in the Writ Petition has
filed the above Writ Appeal.
2.The 1st respondent/Writ Petitioner filed the Writ Petition to issue
a Writ of Certiorarified Mandamus to call for the records from the 4 th
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W.A.No.2913 of 2021
respondent relating to the proceedings dated 02.11.2021 and to quash the
same insofar it orders transfer of the Writ Petitioner from Kanchipuram
College to Chennai and vice-versa and consequently, to direct the
respondents to continue the Writ Petitioner's services in the
Pachaiyappa's College for Women, Kanchipuram - the 5th respondent, in
the position she was holding prior to the issuance of the impugned
proceedings together with continuity of service, monetary and other
benefits.
3.In the said Writ Petition, the 1st respondent/Writ Petitioner also
filed an interim petition in W.M.P.No.25788 of 2021 seeking for an order
of interim stay of the proceedings of the 4th respondent in the Writ
Petition dated 02.11.2021. The learned Single Judge, after hearing the
submissions made by the learned counsel for the Writ Petitioner and the
learned counsel for the respondents 4 to 6 in the Writ Petition, granted an
order of interim stay and posted the matter to 17.12.2021. Challenging
the interim stay granted by the learned Single Judge, the 4th respondent in
the Writ Petition has filed the above Writ Appeal.
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W.A.No.2913 of 2021
4.The learned Single Judge ordered notice to the respondents 4 to
6 in the Writ Petition returnable by 17.12.2021. When the learned Single
Judge has granted an order of interim stay, which is discretionary in
nature and the same has been challenged by way of an appeal before this
Court, we are of the considered view that the appellant could have filed
an application for vacating the interim stay granted on 17.11.2021 and
brought it to the notice of the learned Single Judge the grounds raised in
the Writ Appeal. Instead the appellant has filed the Writ Appeal
challenging the interim order granted by the learned Single Judge. When
the appellant has got remedy before the learned Single Judge by filing a
petition for vacating the interim stay, we are not inclined to entertain the
Writ Appeal. Accordingly, the Writ Appeal is dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
5.Ms.Dakshayani Reddy, learned counsel for the appellant
submitted that the 1st respondent/Writ Petitioner has already issued a
contempt notice to the appellant and further, submitted that the appellant
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W.A.No.2913 of 2021
would file a vacate stay petition before the learned Single Judge for
vacating the interim order granted on 17.11.2021 on or before
03.12.2021 and till such time, the 1st respondent/Writ Petitioner may be
directed not to precipitate the matter by filing a Contempt Petition.
6.Mr.N.G.R.Prasad, learned counsel for the 1st respondent/Writ
Petitioner fairly submitted that the 1st respondent shall not file the
Contempt Petition till 03.12.2021.
7.The submission made by the learned counsel for the 1st
respondent/Writ Petition is recorded.
Index : Yes/No [M.D., J.] [J.S.N.P., J.]
va 30.11.2021
To
1.The Principal Secretary to Government,
Government of Tamil Nadu,
Department of Higher Education,
Secretariat, Chennai – 600 009.
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W.A.No.2913 of 2021
M.DURAISWAMY,J .
and
J.SATHYA NARAYANA PRASAD, J.
va
2.The Director of Collegiate Education,
DPI Campus, College Road,
Chennai – 600 006.
3.The Joint Director of Collegiate Education,
Vellore Region, Vellore – 632 006.
4.The Principal,
Pachaiyappa's College for women,
Kanchipuram – 631 501.
5.The Principal In-charge,
Pachaiyappa's College,
Pachaiyappa's College Campus,
Chennai – 600 030.
W.A.No.2913 of 2021
and C.M.P.No.19717 of 2021
30.11.2021
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