M.Poongavanam, Headmistress v. The Director Of Primary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.Nos.9374/2009 & 30941/2008 and MP.Nos.2 and 3 of 2009 & 2/2008 WP.No.9374 of 2009 M.Poongavanam
...Petitioner
Vs 1.The Director of Primary School Education, College Road, Chennai-6.
3.The Additional Assistant Elementary Education Officer, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the concerned records from the 2nd respondent dated 10.12.2008 bearing reference No.Na.Ka.No.2183/E3/2008 as communicated by the 3rd respondent vide his letter dated 24.12.2008 bearing reference No.Na.Ka.No.1922/Aa1/2008 and quash the same as being illegal, arbitrary, vindictive, malafide and contrary to the seniority list w.e.f. 1.1.2008 and consequently direct the respondents 1 to 3 to consider and promote the Petitioner as Tamil Graduate Teacher with effect from 30.09.2008 protecting her seniority together with all consequential monetary and other attendant benefits which the Petitioner would have been entitled had she been promoted as per the proceedings of the 2nd respondent dated 30.09.2008.
AND WP.No.30941 of 2008 M.Poongavanam
...Petitioner
Vs 1.The Director of Primary School Education, College Road, Chennai-6.
3.The Assistant Elementary Education Officer, 4.The Headmaster, Panchayat Union Middle School, Ulundhandar Koil, Ulundurpet Taluk, Villupuram District.
5.D.Vimala, Headmistress, Panchayat Union Elementary School, Neyvalai Colony, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the concerned records from the 2nd and 3rd respondent relating to the proceedings of the 2nd respondent dated 19.12.2008 bearing reference No.Na.Ka.No.8240/E2/2008 promoting the 5th respondent to the post of Tamil Graduate Teacher and posting her in the 4th respondent School and quash the same as being illegal, arbitrary, vindictive, malafide and contrary to the seniority list w.e.f. 1.1.2008 and consequently direct the respondents 1 to 3 to consider and promote the Petitioner as Tamil Graduate Teacher with effect from 30.09.2008 protecting her seniority together with all consequential monetary and other attendant benefits which the Petitioner would have been entitled had she been promoted as per the proceedings of the 2nd respondent dated 30.09.2008.
For Petitioner : Ms.Raji (In both WPs) for Mr.S.Saravana Kumar For Respondents 1 to 3 : Mr.C.Selvaraj (In both WPs) Government Advocate COMMON ORDER Ms.Raji, learned counsel appearing for Mr.S.Saravana Kumar, learned counsel on record for the petitioner and Mr.C.Selvaraj, learned Government Advocate appearing for the respondents concur on the position that nothing survives in these matters insofar as the petitioner has been granted the benefit of promotion as sought for and she thus does not pursue the same. Written instructions dated 11.09.2021 are placed on record to the aforesaid effect.
2. Recording the aforesaid, these writ petitions are dismissed as infructuous. No costs. Connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar vs To 1.The Director of Primary School Education, College Road, Chennai-6.
3.The Additional Assistant Elementary Education Officer, 4.The Assistant Elementary Education Officer, +1cc to Government Pleader SR.No.46524 W.P.Nos.9374/2009 & 30941/2008 and MP.Nos.2 and 3 of 2009 & 2/2008 RLD(CO) GMY(11/10/2021)