Citation : 2024 Latest Caselaw 15746 Mad
Judgement Date : 13 August, 2024
WA(MD). No.908 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 13/08/2024
CORAM
The Hon`ble Mr.Justice C.V.KARTHIKEYAN
and
The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD
WA(MD). No.908 of 2018 and
WMP(MD) No.5850 of 2018
1.The Director of Elementary Education
College Road, Chennai 600 006.
2.The District Elementary Educational Officer,
Madurai, Madurai District
3.The Assistant Elementary Educational Officer,
Thirumangalam
Madurai District ... Appellants
Vs
1.G.Jeyaraj
2.The Correspondent
CSI Primary School
Nadukottai
Thirumangalam Union,
Madurai District . ... Respondents
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent
against the order dated 09.03.2018 in WP(MD) No.2475/2018.
1/5
https://www.mhc.tn.gov.in/judis
WA(MD). No.908 of 2018
For Appellants : M/s.M.Senthil Ayyanar
Government Advocate
For Respondents : Ms.M.Sudharani for R1
No appearance for R2
JUDGMENT
The writ appeal has been filed against the order dated 09.03.2018
in WP (MD) No.2475/2018 by which order the writ petition filed by the
respondent was allowed by the learned Single Judge.
2. The writ petition has been filed in the nature of Certiorarified
Mandamus seeking interference with an order dated 21.11.2007 in
Na.Ka.No.2398/A3/2017 passed by the District Elementary Educational
Officer, Madurai and to direct the said District Elementary Educational
Officer to approve the appointment of the writ petitioner as Secondary
Grade Teacher in the CSI primary school, Nadukottai, Thirumangalam,
Madurai, which was impleaded as the 4th respondent, with effect from
08.02.2017 and disburse the grant-in-aid towards salary and other
allowance.
https://www.mhc.tn.gov.in/judis
3. After the writ petition had been allowed, the writ appeal has
been filed, but, however, in the interregnum period, the appellants have
taken a decision to approve the appointment and approval order had also
been passed. Subsequently, the first respondent/writ petitioner had also
been promoted as Headmaster and we are informed that he is now
working in CSI School at Sivagangai District.
4. In view of this particular fact, which had been informed by the
learned Government Advocate, we note that the said order was passed by
the appellant subject to the order in this present writ appeal.But since the
learned single Judge had also observed that the writ petitioner had been
appointed only in respect of sanctioned post with eligibility to hold that
post, we hold that the approval granted is in conformity with the order of
the learned single Judge. We record the approval and also the
subsequent promotion of the first respondent/writ petitioner herein.
https://www.mhc.tn.gov.in/judis
5. Accordingly, the writ appeal stands disposed of. No costs.
Consequently connected Miscellaneous Petition is closed.
(C.V.K.,J.) (J.S.N.P,,J.)
13.08.2024
RR
TO
1.The Director of Elementary Education College Road, Chennai 600 006.
2.The District Elementary Educational Officer, Madurai, Madurai District
3.The Assistant Elementary Educational Officer, Thirumangalam Madurai District
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN, J.
and J.SATHYA NARAYANA PRASAD, J.
RR
13.08.2024
https://www.mhc.tn.gov.in/judis
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