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Madras High CourtWP/19545/2009dismissed as infructuous

The Manager v. The Director Of Elementary

2019-07-08Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.Nos.19545 and 19546 of 2009 The Manager RC Schools, Salem Diocese Society (Salem - Namakkal Districts), Mary Palace, No.63, Thammannan Road, Salem - 636 009.

... Petitioner in both the W.Ps.

Vs.

1.The Director of Elementary Education College Road, Chennai - 600 006.

2.The District Elementary Educational Officer Salem District Salem - 636 009.

... Respondents in both W.Ps.

3.The Assistant Elementary Educational Officer, Yercaud, Salem District - 636 602.

... Respondent in W.P.19545/2009 3.The Assistant Elementary Educational Officer, Omalur, Salem District - 636 309.

... Respondent in W.P.19546/2009 Prayer in W.P.No.19545 of 2009:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 2nd respondent District Elementary Educational Officer vide Na.Ka.No.4224/B1/2008 dated 17.11.2008, quash the same in so far as it renders one post of Secondary Grade teacher as surplus (vacant) among the 5 posts available in the petitioner school namely St.Joseph Primary School, Craigmore, Yercaud, Salem District and further direct the respondents to approve forthwith the appointment of Rev.Sr.Jasintha Mary Titus as Secondary Grade Teacher against the said post in the petitioner school during the period from 11.06.2008 to 30.04.2009 and the subsequent Teacher Thiru.S.Lawrance w.e.f. 21.08.2009 and disburse the grant-in-aid towards their salaries.

Prayer in W.P.No.19546 of 2009:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 2nd respondent District Elementary Educational Officer vide Na.Ka.No.4224/B1/2008 dated 17.11.2008, quash the same in so far as it renders two posts of Secondary Grade teacher as surplus among the 5 posts available in the petitioner school namely Jeyarakkini Primary School, Naranampalayam, Salem District and further direct the respondents to approve forthwith the appointment of Selvi.Julie Deepa Mary as Secondary Grade Teacher during the period of 05.06.2008 to 31.04.2009 and P.Rubiya as Secondary Grade Teacher w.e.f. 21.08.2009 and disburse the grant-in-aid towards their salaries.

For Petitioner : Mr.P.Godson Swaminath For Respondents: Mr.A.Rajaperumal Additional Government Pleader C O M M O N O R D E R The learned counsel appearing for the petitioner submits that the relief sought for in these writ petitions has become infructuous and hence the writ petitions may be dismissed as infructuous.

2.In view of the submission made by the learned counsel appearing for the petitioner, these writ petitions are dismissed as infructuous. No costs.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar pri To 1.The Director of Elementary Education College Road, Chennai - 600 006.

2.The District Elementary Educational Officer Salem District Salem - 636 009.

3.The Assistant Elementary Educational Officer, Yercaud, Salem District - 636 602.

4.The Assistant Elementary Educational Officer, Omalur, Salem District - 636 309.

+1 CC to Mr.P.Godson Swaminath, advocate sr 572754. W.P.Nos.19545 and 19546 of 2009 KS(CO) SP(25/07/2019)