Madras High Court
K.Sulochana vs The State Of Tamil Nadu on 8 March, 2022
Writ Appeal No.2823 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Writ Appeal No.2823 of 2021
K.Sulochana ... Appellant
vs.
1. The State of Tamil Nadu,
rep. by its Principal Secretary to Government,
School Education Department,
Secretariat, Fort St. George,
Chennai 600 009.
2. The Director of School Education,
DPI Campus, College Road,
Chennai 600 006.
3. The Chief Educational Officer,
Nagapattinam District,
Nagapattinam.
4. The Headmaster,
Government Higher Secondary School,
Kilvelur,
Nagapattinam District. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 04.02.2019 passed by this Court in W.P.No.835 of 2018.
Page No.1 of 6
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Writ Appeal No.2823 of 2021
For Appellant : Mr.G.Sankaran
For Respondents : Mrs.S.Mythreye Chandru,
Special Government Pleader
JUDGMENT
(Judgment of the Court delivered by S.VAIDYANATHAN,J.)
Present Appeal has been preferred by the Writ Petitioner, questioning
the order dated 04.02.2019 passed by the learned Single Judge in
W.P.No.835 of 2018, whereby, the relief sought for by the Writ Petitioner
seeking payment of salary to her in the post of B.T. Assistant (Social
Science) in the 4th Respondent School, by regularizing the period from
01.08.2015 to 09.12.2015 as service period on re-employment based on her
representation dated 15.12.2017, has been rejected.
2. According to the Appellant/Writ Petitioner, she was denied
continuation of service in the post of B.T. Assistant, by an order dated
31.07.2015, which was tested in W.P.No.33293 of 2015. The said Writ
Petition was dismissed as withdrawn, by an order dated 11.09.2017. Pursuant
thereto, as wages for the entire period of service has not been paid to the Writ
Petitioner, she made a representation on 15.12.2017 to the Respondents. As
the said representation was not considered, the Writ Petitioner approached
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Writ Appeal No.2823 of 2021
this Court by way of another Writ Petition in W.P.No.835 of 2018, which is
the subject matter of the present Appeal.
3. Learned Single Judge has dismissed W.P.No.835 of 2018, in
view of the fact that, cause of action had already been addressed in the earlier
Writ Petition filed in W.P.No.33293 of 2015, and that, the issue raised in
W.P.No.835 of 2018 has to be adjudicated in the earlier Writ Petition filed by
the Writ Petitioner.
4. As the learned Single Judge has rightly held that, the issue raised
in W.P.No.835 of 2018 has to be adjudicated in the earlier Writ Petition filed
by the Writ Petitioner, we are not inclined to accept the request of the
Appellant/Writ Petitioner.
5. While concluding, learned counsel for the Appellant/Writ
Petitioner submitted that, the Appellant/Writ Petitioner may be permitted to
file a Review Petition in the earlier Writ Petition, so that, she may put forth
her contentions before the learned Single Judge.
6. As the issue for consideration pertains only to W.P.No.835 of
2018, we are not inclined to accede to the said request. However, there is no
bar for the Appellant/Writ Petitioner to file a Review Petition in
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Writ Appeal No.2823 of 2021
W.P.No.33293 of 2015 and it is for the learned Single Judge to consider the
same in accordance with law.
The Writ Appeal stands dismissed with the above observation. No
costs.
[S.V.N.,J.] [M.S.Q.,J.]
08.03.2022
Index : Yes/No
Speaking Order : Yes/No
(aeb)
To:
https://www.mhc.tn.gov.in/judis
Writ Appeal No.2823 of 2021
1. The Principal Secretary to Government,
State of Tamil Nadu,
School Education Department,
Secretariat, Fort St. George,
Chennai 600 009.
2. The Director of School Education,
DPI Campus, College Road,
Chennai 600 006.
3. The Chief Educational Officer,
Nagapattinam District,
Nagapattinam.
4. The Headmaster,
Government Higher Secondary School,
Kilvelur,
Nagapattinam District.
https://www.mhc.tn.gov.in/judis
Writ Appeal No.2823 of 2021
S.VAIDYANATHAN,J.
AND
MOHAMMED SHAFFIQ,J.
(aeb)
Judgment in
W.A.No.2823 of 2021
08.03.2022
https://www.mhc.tn.gov.in/judis
