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Madras High CourtWP/8134/2009dismissed

R. Shanthi Rosalind v. The Government Of Tamilnadu

2021-10-04Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.8134 of 2009 and M.P.Nos.1 and 2 of 2009 R.Shanthi Rosalind ... Petitioner Vs 1.The Government of Tamil Nadu, Rep. by its Secretary to the Government, Department of Education, Fort St. George, Chennai-600 009.

2.The Director of Employment & Training, Commissionerate of Employment & Training, Thiru-vi-ka Industrial Estate, Guindy, Chennai-600 032.

3.The Additional Director of Employment & Training, Santhome High Road, Chennai-600 004.

4.The District Employment Officer, Kanniyakumari District, Nagercoil.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned order bearing Ni.Va.2/46641/2008 dated 12.01.2009 passed by the second respondent and quash the same and consequently directing the respondents to confer the petitioner's seniority in employment registration bearing No.W/2627/98 dated 05.06.1998 in respect of the B.A., and B.Ed., Degree course with the fourth respondent taking into consideration the renewals of the petitioner's employment

registration bearing No.AO/XC/35/SF21.07.87/B.Ed./SF dated 30.10.1989 in respect of the same B.Ed., Degree course on the file of the third respondent pending disposal of the writ petition.

For Petitioner : Mr.C.Kanagaraj For Respondents : Mr.C.Selvaraj Government Advocate

O R D E R

Learned counsel for the petitioner, who had appeared in this matter on 16.08.2021, 31.08.2021, 08.09.2021 and 22.09.2021 had been consistent in their stand that they have no instructions to report as they were unable to contact the petitioner.

2. Thus on 31.08.2021, I had directed, in the interests of justice that notice must to the petitioner through Court. Accordingly, Registry has served notice upon the petitioner and the name of the petitioner has also been printed.

3. The instructions of the State as communicated under letter No.L.C./16525/2021 dated 01.09.2021 addressed to the learned Government Counsel, is to the effect that the petitioner's prayer in regard to fixation of her seniority based on the renewal carried out by her in post graduate qualification is not liable to be accepted, since it was mandatory for renewal of the registration in the employment exchange and there is no provision for automatic renewal. In the present case, the petitioner has not renewed the registration.

4. In the absence of any representation on behalf of the petitioner, I preserve the issue as above, to be decided in an alternate, appropriate matter. This writ petition is dismissed for non-prosecution. No costs. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar

vs To 1.The Government of Tamil Nadu, Rep. by its Secretary to the Government, Department of Education, Fort St. George, Chennai-600 009.

2.The Director of Employment & Training, Commissionerate of Employment & Training, Thiru-vi-ka Industrial Estate, Guindy, Chennai-600 032.

3.The Additional Director of Employment & Training, Santhome High Road, Chennai-600 004.

4.The District Employment Officer, Kanniyakumari District, Nagercoil.

W.P.No.8134 of 2009 and M.P.Nos.1 and 2 of 2009 GP(CO) B.VC (21/10/2021)