The State Of Tamil Nadu vs S.John Xavier Britto
2023 Latest Caselaw 10780 Mad

                                                                    W.A.(MD) No.1336 of 2023



                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED :18.08.2023

                                                       CORAM:

                                THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                 and
                         THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                              W.A.(MD) No.1336 of 2023
                                                        and
                                             C.M.P(MD)No.10065 of 2023

                 1.The State of Tamil Nadu,
                   Rep. by its Secretary to Government,
                   School Education Department,
                   Fort St. George,
                   Chennai.

                 2.The Director of School Education,
                   College Road,
                   Chennai.

                 3.The Chief Educational Officer,
                   Ramanathapuram District,
                   Ramanthapuram.                                ... Appellants/Respondents
                                                          -vs-


                 S.John Xavier Britto                             ... Respondent/writ petitioner



                           Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside

                 the order, dated 31.07.2018, passed in W.P.(MD) No.16926 of 2018, on the file

                 of this Court.


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                                                                        W.A.(MD) No.1336 of 2023




                                  For Appellants    : Mr.D.Sadiq Raja,
                                                      Additional Government Pleader

                                  For Respondent    : Mr.R.Saravanan



                                                       JUDGMENT

[Judgment of the Court was made by S.S.SUNDAR, J.]

This writ appeal is directed against the order of the learned Single

Judge, dated 31.07.2018, passed in W.P.(MD) No.16926 of 2018.

2. A Division Bench of this Court had already taken a decision in

similar matters, which is in tune with the decision of the learned Single Judge

in the writ petition. The Government had also filed a review application as

against the judgment of the Division Bench and the review applications in a

batch of cases in Review Application (MD)No.39 of 2022, etc., cases, were also

dismissed vide judgment, dated 20.04.2023.

3. Pursuant to the said judgment, the Government had issued

G.O.(Ms)No.127, School Education (Pa.Ka7(1) Department, dated 12.07.2023,

accepting the case of the similarly placed persons like that of the respondent.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.1336 of 2023

4. In the said circumstances, recording the fact that the issue

raised in this writ appeal has been decided in several other similar cases, this

writ appeal is dismissed. No Costs. Consequently, connected miscellaneous

petition is closed.

                                                              [S.S.S.R., J.]          [D.B.C., J.]
                                                                        18.08.2023
                 NCC              : Yes / No
                 Index            : Yes / No

                 PM



                 To:

1.The Secretary to Government, State of Tamil Nadu, School Education Department, Fort St. George, Chennai.

2.The Director of School Education, College Road, Chennai.

3.The Chief Educational Officer, Ramanathapuram District, Ramanthapuram.

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1336 of 2023

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY, J.

PM

W.A.(MD) No.1336 of 2023

18.08.2023

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https://www.mhc.tn.gov.in/judis