Madras High Court
The Director Of School Education vs G.Venkatesan on 7 October, 2021
1 W.A.No.2349 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2021
Coram
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.A.No.2349 of 2021
and
CMP.No.14980 of 2021
1.The Director of School Education,
College Road,
Chennai – 600 006.
2.The Joint Director of School Education,
(Personnel)
College Road,
Chennai – 600 006.
3.The District Educational Officer,
Cuddalore District,
Cuddalore.
4.The District Educational Officer,
Viruthachalam,
Cuddalore District. ... Appellants
Vs.
G.Venkatesan ... Respondent
Prayer: Writ appeal is filed under clause 15 of the Letter Patent praying to
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2 W.A.No.2349 of 2021
set aside the orders dated 19.06.2012 made in W.P.No.15405 of 2012 and
thereby allow the above writ appeal.
For Appellants : Mr.K.T.S. Tippu Sultan
Government Advocate
For Respondent : No Appearance
JUDGMENT
(Judgement of the Court was made by S.VAIDYANATHAN, J.)
When the matter is taken up for hearing, it is submitted by the learned
Counsel for the appellants that in an identical situation, this Court has
disposed of a batch of writ petitions by a common order dated 19.06.2012.
The Director of School Education, has preferred an appeal against the order
dated 19.06.2012 in W.P.No.15406 of 2012. The Division Bench of this
Court on 18.06.2019 in a batch of cases in W.A.Nos.1211 of 2019 batch
following the earlier order of this Court dated 14.12.2012 in W.P.No.2327 of
2012 set aside the order of the writ petition and the relevant paragraph No.2
is extracted below:-
2. The grievance of the petitioners is that the petitioners having
been selected by the Teachers' Recruitment Board and respective
ranks were assigned to them by the Teachers' Recruitment Board and
having completed the probation in the cadre of B.T.Assistant, they
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cannot be placed as junior most B.T.Assistant below all the
B.T.Assistants who have not completed their probation.
2. Though notice has been served on the respondent and his name
was printed in the cause list, there is no representation on behalf of the
respondent.
3. Since the respondent herein is also similarly placed like that of
Jaya, different yardstick cannot be applied. Hence, in the light of the order
dated 18.06.2019 passed in a batch of cases mentioned supra, we set aside
the order of the learned single Judge. The Writ appeal is allowed. No costs.
Consequently connected miscellaneous petition is also closed.
(S.V.N.J.,) (A.A.N.J.,)
07.10.2021
dpq
Speaking order/Non-speaking order
Index: Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis
S.VAIDYANATHAN, J.
and
A.A.NAKKIRAN, J.
dpq
To
1.The Director of School Education,
College Road,
Chennai – 600 006.
2.The Joint Director of School Education,
(Personnel)
College Road,
Chennai – 600 006.
3.The District Educational Officer,
Cuddalore District,
Cuddalore.
4.The District Educational Officer,
Viruthachalam,
Cuddalore District.
W.A.No.2349 of 2021
and
CMP.No.14980 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis
