The Chief Educational Officer vs Thiru R.V.Thevar Memorial Girls Higher ...
2024 Latest Caselaw 19675 Mad

Madras High Court

The Chief Educational Officer vs Thiru R.V.Thevar Memorial Girls Higher ... on 19 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                 W.A.(MD) No.1952 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 19.10.2024

                                                        CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                              W.A.(MD)No.1952 of 2024
                                                        and
                                             C.M.P.(MD) No.14433 of 2024


                 1.The Chief Educational Officer,
                   Virudhunagar District.

                 2.The District Educational Officer (Secondary),
                   Sivakasi,
                   Virudhunagar District.                                              ... Appellants
                                                        -vs-


                 Thiru R.V.Thevar Memorial Girls Higher Secondary School,
                 Rep. by its Secretary,
                 Cholapuram South,
                 Rajapalayam,
                 Virudhunagar District.                                                ... Respondent

                           Writ Appeal filed under Clause 15 of Letters Patent against the order, dated

                 14.06.2024, passed in W.P.(MD)No.12611 of 2024.



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https://www.mhc.tn.gov.in/judis
                                                                                       W.A.(MD) No.1952 of 2024


                                   For Appellants        :       Mr.S.P.Maharajan
                                                                 Special Government Pleader

                                   For Respondent        :       Mr.V.Panneer Selvam

                                                             JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Challenge in the Writ Appeal is to the order of the Writ Court, dated

14.06.2024, in and by which, while setting aside the order passed by the first

appellant herein / first respondent in the Writ Petition refusing to approve the

appointment of one A.Dhivya as Junior Assistant in the respondent School, citing

G.O.(Ms)No.238, School Education [Pa.Ka.6(1)] Department, dated 13.11.2018,

the learned Single Judge has relied upon the order of this Court in W.P.(MD)No.

7983 of 2020. It is seen therefrom that G.O.(Ms)No.238, School Education

[Pa.Ka.6(1)] Department, dated 13.11.2018, has been upheld by this Court and an

appeal filed by the Government, is pending.

2. In similar circumstances, in State of Tamil Nadu, Rep. by its

Secretary, Department of School Education and others vs. The

Correspondent, Lourdhu Annai Girls Higher Secondary School, K.Pudur,

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

Madurai [W.A.(MD)No.1297 of 2024, dated 07.08.2024], the contention of the

learned Special Government Pleader that the stay of operation of G.O.(Ms)No.

238, dated 13.11.2018, granted by this Court will apply only to the parties to the

litigation alone, has been rejected by us.

3. In view of the same, we see no merit in the Writ Appeal. The Writ

Appeal is, therefore, dismissed. No costs. The appellants shall implement the

order of the learned Single Judge within a period of eight weeks from the date of

receipt of a copy of this judgment and pay the arrears of salary payable to the

Junior Assistant within a period of 12 weeks from the date of receipt of a copy of

this judgment. Consequently, connected Miscellaneous Petition is closed.

                 NCC              : No                     [R.S.M., J.]      [L.V.G., J.]
                 Index            : No                             19.10.2024
                 smn2

                 To

                 1.The Chief Educational Officer,
                   Virudhunagar District.



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

2.The District Educational Officer (Secondary), Sivakasi, Virudhunagar District.

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

smn2

and

19.10.2024

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