Mrs I.Saira Naseem M.A.Adib-I v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2021 CORAM :

The Hon'ble Mr.JUSTICE T. RAJA AND The Hon'ble Mr. JUSTICE V.SIVAGNANAM W.A.Nos.402 and 411 of 2013 and M.P.Nos.1 of 2013 (2 in Nos.) Mrs.I.Saira Naseem ....Appellant in both the Appeals -vs1.The Commissioner, Corporation of Chennai, Ribbon Buildings, Park Town, Chennai - 600 003.

2. The Deputy Commissioner (Education), Corporation of Chennai, Ribbon Buildings, Park Town, Chennai - 600 003.

3. The Educational Officer, Corporation of Chennai, Ribbon Buildings, Park Town, Chennai - 600 003 ....Respondents in both the Appeals Writ Appeals filed under Clause 15 of Letters of Patent against the order of the learned Single Judge passed in W.P Nos.252 of 2012 and 22603 of 2010 dated 01.02.2012. Prayer in W.P.252 of 2012:

Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the entire records of the 2nd Respondent file in Ka.Thu.Na.Ka. E2/1427/2009 dated 04.03.2010 and in Ka.Thu.Na.Ka.No. E2/10510/2010 dated 23.11.2010 and examine and identify the Teachers who have promoted to the post of Head Mistress of Corporation Urdu Elementary and Middle Schools without passing their +2 examination on the light of the Para 4 of the Standing Order No.107 dated 18.08.2009 issued by the Personnel and Administrative Department of the Government of Tamil Nadu and quash the proceedings concerned with the respective Teachers who have promoted without passing their +2 examination is arbitrary and illegal and consequently direct the Respondents to de-promote the Teachers concerned to their feeding cadre ie., Secondary Grade Teachers and consequently

direct the respondents to prepare the fresh seniority list on the basis of the Para 4 of the Standing Order No.107 dated 18.8.2009 issued by the Personnel and Administrative Department of the Government of Tamil Nadu from its issuing date i.e., 18.8.2009 and consequently direct the respondents to promote the Teachers as per fresh seniority list in future and consequently fix the right place of seniority to the petitioner and others. Prayer in W.P.22603 of 2010:

Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to dispose the representation of the petitioner dated 07.10.2007 and her legal representation dated 10.08.2010 and consequently direct the respondents to consider the petitioner to the post of Supervisor of the Chennai Corporation Urdu Schools.

For appellant :

No appearance For respondents:

Mrs.Karthika Ashok COMMON JUDGMENT (Judgment of the Court was pronounced by T.RAJA,J.,) The present Writ Appeals are filed as against the Order passed by the learned Single Judge in WP Nos.252 of 2012 and 22603 of 2010 respectively, dated 01.02.2012. 2.

Today, when the matters were called, there is no representation for the appellant. Even on the earlier occasion, i.e., on 26.03.2013, there was no representation for the appellant.

3. Learned counsel for the respondents submits that the appellant has unsuccessfully filed the writ petitions challenging the rejection order for non-inclusion of her name in the promotion panel.

4. Since the appeals are of the year 2013 concerning the non-inclusion of the name of the appellant in the promotion panel and there is no representation on behalf of the appellant to prosecute the appeals, these Writ Appeals are dismissed for non-prosecution.

No costs.

Consequently, connected Miscellaneous Petitions are closed.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar

To

1. The Commissioner, Corporation of Chennai, Ribbon Buildings, Park Town, Chennai - 600 003.

2. The Deputy Commissioner (Education), Corporation of Chennai, Ribbon Buildings, Park Town, Chennai - 600 003.

3. The Educational Officer, Corporation of Chennai, Ribbon Buildings, Park Town, Chennai - 600 003.

+2 Ccs to Mr. Karthikaa Ashok, Advocate sr 36337, 36336. W.A.Nos.402 and 411 of 2013 NR(CO) SP(18/08/2021)