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Madras High CourtWP/16556/2007dismissed as infructuous

P. Kalyana Sundaram v. The Joint Director Of School

2020-10-14Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. 16556 of 2007 (O.A.No.2043 of 2003) 1.P.Kalyana Sundaram 2.R.Rathinasamy 3.V.Durairaju 4.M.Jaganathan

...Petitioners

Versus

1. The Joint Director of School, Education personal College Road, Chennai.

2. Mumtaj Assistant, Government Higher Secondary School, Vijayapuram, Kovai.

3. Joseph-M Assistant O/o. Regional Physical Inspector, Nagarkovil.

4. J.Govasingh Assistant Government High School, Alavadi, Kovai.

5. S.Gurumoorthy Assistant, O/o. District Educational Office, North Chennai, Chennai-8

6. V.Kumar Assistant, O/o. Assistant Elementary Educational Office, Mathur, Pudukottai.

7. R.Ramasubramanian, Assistant, O/o. District Elementary Educational Officer, Thirunelveli.

8. A.Manickam Assistant, Government Girls Higher, Secretary School, Pallipalayam Namakkal.

9. N.Subramanian Assistant, O/o Assistant Elementary Education Officer, Kothi, Erode.

10.K.Subbulakshmi Assistant, O/o.Assistant Elementary Education Officer, Kuruvikulam, Thirunelveli.

11.C.Govindasami Assistant Government Higher Elementary Education, Puliyampatti.

12.T.V.Subbulakshmi Assistant, O/o Assistant Elementary Education Officer, Perambur.

...Respondents

PRAYER:

Originally this petition has been filed as Original Application No.2043 of 2003 before the TamilNadu Administrative Tribunal at Chennai and after abolition of TNAT, petition has been transferred and numbered as W.P.No.16556 of 2007. Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the order of the 1st respondent dated 29.11.2002 issued in Ref.No.Na.Ka.No.36132/C2 section/C5/2002 and quash the same in so far as it relates to inclusion respondents 2 to 12 and further direct the 1st respondent to include the name of the applicants in the said panel and to award the consequential benefits.

For Petitioner : No appearance For R1 : Mr.P.Chinnadurai Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the order passed by the first respondent dated 29.11.2002 issued in

Ref.No.Na.Ka.No.36132/C2 section/C5/2002 and quash the same in so far as it relates to inclusion of respondents 2 to 12 and further direct the 1st respondent to include the name of the applicants in the said panel and to award the consequential benefits.

2. It is averred in the writ petition that the petitioners have filed Original Application in O.A.No.2043 of 2003 before the Tamilnadu Administrative Tribunal, Chennai. Subsequently, due to abolition of Tribunal, the matter has been transferred before this Court and renumberd as W.P.No.16556 of 2007. 3.When the matter was taken up today, none appeared on behalf of the petitioners.

4. The learend Additional Government Pleader would submit that the request of the petitioners has been subsequently considered and also they were promoted and now the petitioners were promoted as Superintendent (Desk) and transferred as Regular Superintendent and retired from the Government on attaining the age of superannuation. Therefore, the relief sought for in the Writ Petition was granted by the Government and subsequently the petitioners have also retired from the service.

5.Considering the submission made by the learned Additional Government Pleader, nothing survives for further adjudication in this Writ Petition. Accordingly, this Writ Petition is dismissed as infructuous. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Joint Director of School, Education personal College Road, Chennai.

+1cc to the Government Pleader, S.R.No.34375 W.P. 16556 of 2007 JP(CO) RV(11/11/2020)