Madras High Court
P.Revathi vs The Commissioner Of Arts & Culture on 8 April, 2022
W.A.No.3660 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 8/4/2022
CORAM
The Hon'ble Mr. Justice S.VAIDYANATHAN
and
The Hon'ble Mrs.Justice N.MALA
Writ Appeal No.3660 of 2019
and
C.M.P.No.23300 of 2019
P.Revathi ... Appellant
Vs
1. The Commissioner of Arts & Culture
Egmore
Chennai 600 008.
2. The Assistant Director (Administration)
Arts & Culture
Thanjavur
Thanjavur District.
3. The Headmaster
Government Music School
Villupuram
Villupuram District.
4. M. Rameshkumar
Thevaram Teacher
Government Music School
Villupuram
Villupuram District. ... Respondents
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W.A.No.3660 of 2019
PRAYER: Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 20/2/2019 made in W.P.No.34733 of 2014.
For Petitioners ... Ms.H.Mary Sowmi Rexi
For Respondents ... Ms.Mythreye Chandran
Special Government Pleader
for R.R.1 to 3.
Mr.R.Saseetharan
for R.4.
-----
JUDGMENT
S.VAIDYANATHAN,J
AND
N.MALA,J
Writ Appeal has been filed to set aside the order, dated 20/2/2019,
made in W.P.No.34733 of 2014.
2. Heard M/s.C.S.Associates, learned counsel for the appellant,
Ms.Mythreeya Chandran, learned Special Government Pleader for the
respondents 1 to 3 and Mr.R.Saseetharan, learned counsel for the fourth
respondent.
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W.A.No.3660 of 2019
3. Today, when the matter is taken up for hearing, Ms.Mythreeya
Chandran, learned Special Government Pleader appearing for the
respondents 1 to 3 has produced a Compliance report of the first
respondent, dated 8/4/2022. Paragraph 3 of the compliance report is
extracted hereunder:-
“I respectfully submit that further order of
this Hon'ble Court, dated 28/2/2022 “to sort out
the issue before the next hearing” and on
subsequent hearings by obliging the order of this
Hon'ble Court, the Director of Art and Culture
Department, issuing the Appointment Order, vide,
in Proceedings No.46/A3/2015 dated 29/3/2022,
appointing the appellant Tmt.P.Revathi, as
Devaram Teacher in the existing BC vacancy of
2019 recruitment as stated below.
a. Issuing reappointment for the appellant
as Music Teacher (Devaram)
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W.A.No.3660 of 2019
b. The appellant's earlier service of Music
Teacher (Devaram) period from 19/8/2013 to
19/12/2014 will be counted for probation.
c. The appellant's seniority will be fixed on
the date of joining (i.e.) 19/8/2013, after the
completion of probation.
d. The appellant cannot claim any monetary
benefits or backwages for the non-working period
treated as “no work no pay” basis.
e. The appellant's earlier working service
period will be taken into account for service
benefits only.
4. In view of the undertaking given in paragraph No.3 of the
compliance report of the first respondent, no further orders are required and
there is no need to adjudicate with regard to the impugned order in the writ
petition. More so, the respondent Government has come forward to
provide employment to the writ petitioner and also made a verbal statement
that the fourth respondent in the appeal will not be disturbed. In the light
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W.A.No.3660 of 2019
of the 3 (c) mentioned supra, the appellant shall be treated as senior to the
contesting respondent.
5. In the result, instant Writ Appeal is closed. No costs.
Consequently, the connected Civil Miscellaneous Petition No.23300 of
2019 is closed.
(S.V.N.,J) (N.M.,J)
th
8 April 2022
Speaking (or) Non Speaking Order
Index : Yes/ No
Internet : Yes
mvs.
To
1. The Commissioner of Arts & Culture
Egmore
Chennai 600 008.
2. The Assistant Director (Administration)
Arts & Culture
Thanjavur
Thanjavur District.
3. The Headmaster
Government Music School
Villupuram
Villupuram District.
https://www.mhc.tn.gov.in/judis
W.A.No.3660 of 2019
S.VAIDYANATHAN,J
and
N.MALA,J
mvs.
Writ Appeal No.3660 of 2019
and
C.M.P.No.23300 of 2019
8/4/2022
https://www.mhc.tn.gov.in/judis
