L.Padmavathi v. The Additional Assistant

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2019 CORAM :

THE HONOURABLE MR. JUSTICE M. DURAISWAMY W.P. Nos.10238 to 10240 of 2004 and W.P.M.P. Nos.11948, 11950 & 11952 of 2004 L.Padmavathi ... Petitioner in W.P.No.10238 of 2004 L.Padma ... Petitioner in W.P.No.10239 of 2004 S.Selvi ... Petitioner in W.P.No.10240 of 2004 Vs.

Nilgiris Langayat Primary School, Katary Village, The Nilgiris.

... Respondents in W.P.No.10238 of 2004 Educational Officer, Kunoor.

Katary, ... Respondents in W.P.No.10239 of 2004 1/3

Palada, ... Respondents in W.P.No.10240 of 2004 Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writs of Certiorari, calling for the records relating to the order of the 1st respondent dated 09.02.2004 issued in Na.Ka.No.74 A2/2003 and to quash the same as far as the petitioners are concerned. For Petitioner : Mr.R.Muthukannu in all writ petitions For Respondents : Mr.A.Raja Perumal Additional Government Pleader in all writ petitions C O M M O N O R D E R The petitioners have filed the writ petitions to issue writs of certiorari to call for the records relating to the order of the 1st respondent dated 09.02.2004 and to quash the same. By order dated 09.02.2004, the teachers, who were deployed and in whose favour interim orders were granted, should not be paid salary and the salary already paid should be recovered from them.

2.Today, when the writ petitions were taken up for hearing, Mr.A.Raja Perumal, learned Additional Government Pleader, appearing for the respondents submitted that the petitioners are still working in the very same schools and that no deduction has been made in their salaries and their salary has not been stopped till this date. Further, the learned Additional Government Pleader submitted that, till today, the petitioners are receiving their salaries. Therefore, the writ petitions 2/3

have become infructuous. Further, the learned Additional Government Pleader submitted that the petitioners have sent letters to the Block Education Officer, for withdrawing the writ petitions. However, the learned counsel appearing for the petitioners submitted that he has no instructions for withdrawing the writ petitions.

3.Since the petitioners are receiving the salary and are working in the very same schools, the relief sought for in these writ petitions have become infructuous. Accordingly, these writ petitions are dismissed as infructuous.

No costs.

Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To Nilgiris Langayat Primary School, Katary Village, The Nilgiris.

4.The Secretary, Palada, +3 cc to M/s.R.Muthukkannu,Advocate Sr.Nos. 92341 to 92343 +1 cc to The Government Pleader Sr.No. 93073 AKM/03.12.19/3P-9C / W.P. Nos.10238 to 10240 of 2004 3/3