M. Arumugam v. The Direcor Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2021

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.A.No.351 of 2013 (Heard through VC) M.Arumugam .. Appellant/Petitioner Vs.

1. The Director of School Education, Education Department, DPI Campus, Chennai 600 006.

2. The District Elementary Educational Officer, Salem District, Salem.

3. The District Educational Officer, Salem .. Respondents/Respondents Prayer: Writ Appeal filed under Clause 15 of Letter Patent to set aside the order dated 03.02.2011 made in W.P.No.2157 of 2011 and allow the above writ appeal.

Prayer in WP 2157/2011 Petition filed under Article 226 of the constitution of India Praying for writ of certiorarified mandamus to Call by the records of the first respondent vide Na.Ka.No.89939/J4/08 dated 11.06.2010 and the order of the third respondent vide Na.Ka.No.3548/B2/1999 dated 05.10.2010 and quash the same and consequently direct the respondents to issue orders for appointment of the petitioner on compassionate Grounds in their services.

For Appellant : Mr.M.Arumugam-Appellant-in-Person No Appearance.

For Respondent : Mr.C.Jayaprakash Government Counsel https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.] Earlier when the erstwhile learned counsel for the appellant reported 'no instructions', the Division Bench, by order dated 26.03.2013 directed the Registry to issue notice to the appellant. Accordingly, notice was issued and the name of the appellant was printed in the cause list. However, none appeared on behalf of the appellant, when the matter was listed on 24.01.2018. Once again, when the matter was listed on 01.07.2021, there was no representation on behalf of the appellant. Hence, the Registry was directed to print the name of the appellant in the cause list as "Appellant in Person" and post the matter on 06.07.2021 under the caption "for dismissal". Even today (06.07.

2021), when the matter is called, though the name of the appellant is printed in the cause list, there is no representation on behalf of the appellant either in person or through counsel. Hence, the Writ Appeal is dismissed for 'non prosecution'. It is open to the appellant to take out an application for restoration of the appeal, if he is so advised. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar srn To

1. The Director of School Education, Education Department, DPI Campus, Chennai 600 006.

2. The District Elementary Educational Officer, Salem District, Salem.

3. The District Educational Officer, Salem W.A.No.351 of 2013 NK(CO) CT(30.07.2021) https://hcservices.ecourts.gov.in/hcservices/