The Director Of School Education vs M.Shanmugakani
2023 Latest Caselaw 7997 Mad

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 10.07.2023

                                                        CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                             W.A.(MD)No.1092 of 2014 and
                                                M.P.(MD)No.1 of 2014

                     1.The Director of School Education,
                     School Education Department, Chennai.

                     2.The Chief Educational Officer,
                     Thoothukudi District, Thoothukudi.

                     3.The Head Master,
                     Government Higher Secondary School,
                     Tharuvaikulam, Thoothukudi.                        ... Appellants

                                                           Vs.

                     M.Shanmugakani                                     ... Respondent

                     PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent to set
                     aside the order, dated 23.07.2014 passed by this Court in W.P(MD)No.
                     6218 of 2014.
                                    For Appellant      :Mr.V.Om Prakash
                                                       Government Advocate
                                    For Respondents    :No Appearance


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                                                  JUDGMENT
                        (Judgment of the Court was delivered by DR.ANITA SUMANTH, J.)


                                  The respondent/Writ Petitioner has been consistently absent

                     both on the earlier occasions as well as today.



                                  2.The Writ Petition has been filed seeking a Mandamus

                     directing the Headmaster of Government Higher Secondary School,

                     Tharuvaikulam, Thoothukudi, to disburse salary including past arrears as

                     per re-fixation order, dated 07.12.2012. The Writ Petition had come to be

                     allowed on 23.07.2014 on the strength of order dated 07.12.2012.



                                  3.Mr.V.Om Prakash, learned Government Advocate for the

                     appellant/State has advanced two contentions. Firstly, he would state

                     that there had been a suppression of the position that order dated

                     07.12.2012 had been kept in abeyance by order dated 13.02.2013. It was

                     his case that, had said order dated 13.02.2013 been brought to the notice

                     of the Court, the Writ Petition would not have been allowed at the first

                     instance.

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                                  4.The second contention is that this very Writ Petitioner had

                     been dismissed from service under proceedings in Na.Ka.No.

                     10141/A2/2007, dated 09.01.2016. The order of dismissal had been

                     challenged by the Writ Petitioner in W.P(MD)No.1270 of 2016 and by

                     order dated 23.11.2022, the Writ Petition had come to be allowed. The

                     impugned order in that Writ Petition was quashed and the respondents

                     were directed to approve the Writ Petitioner's appointment and disburse

                     all terminal and monetary benefits as applicable.



                                  5.It is, perhaps, on account order dated 23.11.2022 that the

                     Writ Petitioner has not thought it necessary to appear and pursue the

                     present Writ Appeal. In any event, by virtue of that order dated

                     23.11.2022, nothing further survives in this Writ Appeal and recording

                     the same, this Writ Appeal is closed. No costs. Consequently, connected

                     miscellaneous petition is closed.


                                                              [A.S.M.J.,] & [R.V.J.,]
                     NCC      :Yes/No                                  10.07.2023
                     Index    :Yes/No
                     Internet :Yes
                     cmr

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https://www.mhc.tn.gov.in/judis
                                  DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

cmr

W.A.(MD)No.1092 of 2014

10.07.2023

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