K.Valarmathi v. The Joint Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2018

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE M.DHANDAPANI W.A.No.1184 of 2018 and C.M.P.No.9448 of 2018 K.Valarmathi ... Appellant -vs1.The Joint Director of School Education (Higher Secondary) cum the Appellate Authority, DPI Campus, College Road, Chennai-600 006.

2.The Chief Educational Officer, Panagal Maligai, Saidapet, Chennai-600 015.

3.The District Educational Officer, Chennai Central, Saidapet, Chennai-600 015.

4.The Secretary & Correspondent, Gopalapuram Boys' Higher Secondary School, No.11, Conran Smith Road, Gopalapuram, Chennai-600 086.

5.T.Sudha ...

Respondents Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.No.12423 of 2018 dated 16.05.2018.

W.P.No.12423 of 2018:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned order of the Ist respondent in Na.Ka.No.11216/W5/E2/2017, dated 04.05.2018 and quash the same. For Appellant ::

Mr.J.Lakshmi Narayanan For Respondents::

Mr.C.Munusamy, Spl.GP for R1 to R3 Mr.G.Sankaran for R5

JUDGMENT

(Delivered by HULUVADI G.RAMESH, J.) W.P.No.12423 of 2018 was filed by the appellant to quash the order passed by the first respondent dated 04.05.2018 promoting the fifth respondent as P.G.Assistant (English). This Court passed an interim order in that writ petition on 16.05.2018 observing that since the order impugned therein appears to be in favour of the fifth respondent in view of the fact that she had obtained successful orders before this Court, the promotion of the fifth respondent is subject to the result of the writ petition and if ultimately in the writ petition the petitioner succeeds, she would also get the right to the post from the date to which she was originally entitled to.

2.Challenging the said interim order, the present appeal has been filed, contending that no opportunity has been given to the appellant while passing the promotion order in favour of the fifth respondent.

3.Heard the learned counsel on either side and perused the materials available on record.

4.This appeal has been filed only against the interim order passed by this Court. For the purpose of taking a decision in the matter, all the contentions have to be heard. This Court cannot hear the arguments on a piece-meal basis to arrive at a decision in respect of the order passed in the interim application. Hence, we direct the parties to appear before the learned single Judge by filing counter and pleadings and we request the learned single Judge to dispose of the writ petition on merits within a period of two months. All the contentions are left open to the parties to be urged before the learned single Judge. In the mean while, both the parties are directed to maintain status quo as on today.

5.The writ appeal is disposed of accordingly. No costs. Consequently the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar KM

To 1.The Joint Director of School Education (Higher Secondary) cum the Appellate Authority, DPI Campus, College Road, Chennai-600 006.

2.The Chief Educational Officer, Panagal Maligai, Saidapet, Chennai-600 015.

3.The District Educational Officer, Chennai Central, Saidapet, Chennai-600 015.

+1cc to M/s.P.Mohanraj, Advocate, S.R.No.35575 +1cc to the Government Pleader, S.R.No.35890 W.A.No.1184 of 2018 and C.M.P.No.9448 of 2018 NRI(CO) CS/22/06/18