Madras High Court
State Of Tamil Nadu vs B.Unnamalai on 1 February, 2022
Writ Appeal No.79 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM :
THE HON'BLE MR. JUSTICE M. DURAISWAMY
AND
THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD
Writ Appeal No.79 of 2022
and
C.M.P.No.723 of 2022
1.State of Tamil Nadu, represented by its
Secretary to Government,
School Education Department,
Secretariat, Chennai - 600 009.
2.The Chairman,
Teachers Recruitment Board,
Chennai - 600 006.
3.The Director of School Education,
Chennai - 600 006. ... Appellants
Vs.
B.Unnamalai ... Respondent
Prayer : Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
interim order dated 20.02.2020 made in W.P.No.662 of 2020 to keep one post
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Writ Appeal No.79 of 2022
vacant.
For Appellants : Mr.R.Neelakandan
Additional Advocate General
assisted by
Mr.K.V.Sajeev Kumar
Special Government Pleader
JUDGMENT
(Delivered by M. DURAISWAMY, J.)
Challenging the interim order passed in W.P.No.662 of 2020, dated
20.02.2020, the official respondents have filed the above Writ Appeal.
2.By order dated 20.02.2020, the learned Single Judge directed the
official respondents to keep one post vacant for every petitioner. Challenging
the order passed on 20.02.2020, the appellants have filed the Writ Appeal after
a lapse of 1 1/2 years.
3.Mr.R.Neelakandan, learned Additional Advocate General, appearing
for the appellants, submitted that the writ petition is still pending. Further, the
learned Additional Advocate General submitted that the appellants have already
filed a petition to vacate the interim order granted on 20.02.2020, however, the
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Writ Appeal No.79 of 2022
same has not yet been listed for hearing. The learned Additional Advocate
General submitted that, since there is some urgency in the matter, the learned
Single Judge may be requested to take up the writ petition at an early date.
4.Since the appellants have filed the Writ Appeal challenging the interim
order passed in the writ petition, which is discretionary in nature, we are not
inclined to interfere with the said order. However, we give liberty to the
appellants to move the vacate interim order petition before the learned Single
Judge at an early date. In the event of the mention being made on behalf of the
appellants, it is open to the learned Single Judge to take up the vacate interim
order petition and decide the same in accordance with law.
5.With these observations, the Writ Appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
[M.D., J.] [J.S.N.P., J.]
01.02.2022
Index : Yes/No
Internet : Yes
Speaking order / Nonspeaking order
mkn
Note :
Registry is directed to upload the order copy today, i.e. on 01.02.2022.
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Writ Appeal No.79 of 2022
To
1.The Secretary to Government,
State of Tamil Nadu,
School Education Department,
Secretariat, Chennai - 600 009.
2.The Chairman,
Teachers Recruitment Board,
Chennai - 600 006.
3.The Director of School Education,
Chennai - 600 006.
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Writ Appeal No.79 of 2022
M. DURAISWAMY, J.
and
J. SATHYA NARAYANA PRASAD, J.
mkn
Writ Appeal No.79 of 2022
01.02.2022
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