C.Shalini v. State Of Tamil Nadu

in W.A. No. 145 of 2023 R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

(Order of the court was made by R.Mahadevan, J.) Mr.Yashwanth, learned Additional Government Pleader, appearing for the respondent authorities, sought a short accommodation for getting instructions and filing counter affidavit.

2.On the other hand, the learned counsel for the petitioner / appellant submitted that by order dated 27.09.2022, the learned Judge, while disposing the writ petition in WP.No.25970 of 2022, has directed the petitioner / appellant to submit the documents sought for by the third respondent in their communication dated 12.07.2022 within a period of one week and on receipt of the same, the third respondent shall consider the same and pass appropriate orders within a period of two weeks thereafter. It was further observed by the learned Judge that till the final orders are passed, the payment of salary to the

petitioner / appellant shall not be disturbed. The learned counsel further submitted that without considering the actual position that the documents sought for by the third respondent are the orders granting recognition / approval granted to the institution for a particular course by the authorities concerned and the same cannot be easily furnished by the petitioner / appellant and also, without taking note of the order of the learned Judge in proper perspective, the second respondent hastily passed an order dated 11.01.2023 cancelling the appointment of the appellant / writ petitioner for non-production of the documents by her. Consequent to the same, the fourth respondent relieved the petitioner / appellant from service, which was informed to her by communication dated 18.01.2023. According to the learned counsel, such orders dated 11.01.2023 and 18.01.2023 have been communicated to the petitioner / appellant, only after filing of this writ appeal. Therefore, the learned counsel prayed for an order of interim stay in favour of the petitioner / appellant.

3.Having regard to the submissions made by the learned counsel for the petitioner / appellant that the orders so passed by the respondent authorities dated 11.1.2023 and 18.01.2023 in cancelling the appointment of the petitioner

/ appellant and relieving her from service, are in deviation of the earlier directions issued, which sort of practice cannot be countenanced by this court, there shall be an order of interim stay, until further orders. 4.Post the matter after three weeks. Counter of the respondents by then. [R.M.D., J.] [M.S.Q., J.] 02.02.2023 Maya

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

Maya in W.A. No. 145 of 2023 Dated : 02.02.2023