V.Kalaithamarai, v. The Director Of School Education,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2023 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.Nos.1794 of 2020 & 22526 of 2021 V.Kalaithamarai .. Petitioner vs 1.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
2.The Chief Educational Officer, Cuddalore District, Cuddalore.
3.The District Educational Officer, Virudhachalam Education District, Cuddalore District.
4.The Secretary, Church Board, The Arcot Lutheran Church, ALC Central Office, No.9, ALC Campus, Cuddalore 607 001.
5.The Correspondent, Danish Mission Higher Secondary School, Pudhukuppam, Virudhachalam 606 001.
6.P.Aldrin Selvapandiyan .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the impugned proceedings issued by 3rd 1/4
respondent in O.Mu.No.4415/Aa2/2019 dated 26.08.2019 and to quash the same and consequently direct the respondents to approve the appointment of the petitioner in the post of B.T.Assistant (Social Sciences) from the date of appointment from 01.03.2019 in the fifth respondent school with all consequential and attendant benefits, including the payment of salary, within a time frame to be fixed by this Court.
For Petitioner :
Mr.S.Nedunchezhiyan For Respondents :
Mr.K.V.Sajeev Kumar Special Government Pleader for R1 to R3 Mr.Srinath Sridevan for R4 Mr.Antony Elangovan for R6
ORDER
The petitioner has filed this writ petition challenging the order dated 26.8.2019, which order was passed as a consequence of the direction issued by this court on 20.3.2019 in W.P.No.22541 of 2017. Interim protection has been granted in favour of the petitioner and she is presently stated to be teaching Social Science in the school.
2.
This Court, by order dated 13.3.2023 passed in W.M.P.No.2766 of 2023 in W.P.No.22541 of 2017, has allowed the recall petition filed by the Secretary of the Church Board of the School and restored the said writ petition for de novo hearing. 2/4
3.
In view of the above, the writ petition has been allowed and the order dated 26.8.2019, which was passed on the basis of the order dated 20.3.2019 passed in W.P.No.22541 of 2017, is set aside.
No costs. Consequently, connected miscellaneous petitions are closed.
13.03.2023 Index:Yes/No ssm To 1.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.
2.The Chief Educational Officer, Cuddalore District, Cuddalore.
3.The District Educational Officer, Virudhachalam Education District, Cuddalore District.
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DR. ANITA SUMANTH,J.
ssm 13.03.2023 4/4