Majji Rajeshwari v. Sarpanch Cum Chairperson Of School Management

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.29142 of 2011 ORDER:

The challenge in the present writ petition is to the resolution bearing No.11, dated 31-01-2011 passed by the 1st respondent.

Heard, Sri K. Manik Prabhu, learned counsel for the petitioner, learned Government Pleader for Education for respondents 1, 2, 4 and 5 and Ms.I. Maamuvani, learned counsel for the 3rd respondent.

By virtue of the impugned resolution the 1st respondent resolved to remove the petitioner and to appoint certain individuals indicated in the said resolution. It is also clear from the said resolution that the same was sent to the District Collector for approval.

When the matter is called, it is represented by learned counsel for the petitioner that the petitioner herein is in abroad.

On the other hand, it is submitted by learned Government Pleader that the District Collector also approved the resolution passed by the Gram Panchayat, resolving to remove the petitioner from service. It is further submitted by

learned Government Pleader that in place of the petitioner the respondent authorities appointed the 3rd respondent. Admittedly, in the present writ petition the subsequent orders passed by the authorities appointing the 3rd respondent or the orders of the District Collector, granting approval for removal of the petitioner are not under challenge. It is also brought to the notice of this Court that the respondents herein also paid the amounts due to the petitioner herein.

In view of the above reasons, this Court in exercise of the powers conferred under Article 226 of the Constitution of India is not inclined to meddle with the impugned action at this length of time.

For the aforesaid reasons, the writ petition is dismissed. There shall be no order as to costs.

The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________ A.V. SESHA SAI, J November 21, 2016 Pn

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.29142 of 2011 November 21, 2016 Pn