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Madras High CourtWP/20606/2012dismissed as infructuous

S.Punitha, v. The Government Of Tamil Nadu,

2024-02-20Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.20606 of 2012 and M.P.Nos.2 & 3 of 2012 S.Punitha ... Petitioner Vs.

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

2.The Joint Director of School Education, College Road, Nungambakkam, Chennai - 600 006. 3.The Chief Educational Officer, Thiruvallur, Thiruvallur District.

4.The Chief Educational Officer, Vellore District, Vellore.

5.The Head Master, Government High School, Andarkuppam, Thiruvallur District.

... Respondents Writ Petition has been filed under Article 226 of Constitution of India to issue a Writ of Certiorarified Mandamus calling for the record of the respondents, especially the fourth respondent made in Na.Ka.No.4464/Aa3/2012, dated 24.07.2012 along with the proceedings of Page No.1 of 6

the second respondent made in Na.Ka.No.63128/C3/E1/2009, dated 16.07.2012, the one taken back by the fourth respondent by issuing his own order as aforesaid, and quash the same as null and void, illegal and invalid, and consequently directing the second, third and fifth respondents to retain the petitioner at Andarkuppam Government High Schoo, Thiruvallur in terms of Rules and Regulations of appointment that she should be compulsorily retained for a period of 2 years, once she is appointed and posted, and also considering the fact that the petitioner's seniority and career will be affected in case of her transfer outside the District prior to the sanctioning and payment of salary from January 2012 to upto date, apart from sanctioning and disbursing her salary from 02.01.2012 upto date. For Petitioner :

Mr.A.Amal Raj For Respondents : Mr.T.M.Rajankam, Government Advocate

O R D E R

This writ petition has been filed by the petitioner to call for the record of the respondents, especially the fourth respondent made in Na.Ka.No.4464/Aa3/2012, dated 24.07.2012 along with the proceedings of the second respondent made in Na.Ka.No.63128/C3/E1/2009, dated 16.07.2012, the one taken back by the fourth respondent by issuing his own order as aforesaid, and quash the same as null and void, illegal and invalid, and consequently directing the second, third and fifth respondents to retain Page No.2 of 6

the petitioner at Andarkuppam Government High Schoo, Thiruvallur in terms of Rules and Regulations of appointment that she should be compulsorily retained for a period of 2 years, once she is appointed and posted, and also considering the fact that the petitioner's seniority and career will be affected in case of her transfer outside the District prior to the sanctioning and payment of salary from January 2012 to upto date, apart from sanctioning and disbursing her salary from 02.01.2012 upto date.

2. Learned counsel for the petitioner submitted that the present writ petition has been filed challenging the transfer of the petitioner in the year 2012.

3. Learned Government Advocate appearing for the respondents by way of written instruction submitted that in view of the interim stay passed by this Court dated 31.07.2012, the petitioner was working in the same school, where she was working prior to transfer i.e., from 02.01.2012 to till date. Hence, the matter has become infructuous and nothing survives in this writ petition for further adjudication.

Page No.3 of 6

4. In view of the above submission made by the learned Government Advocate appearing for the respondents, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are also closed.

20.02.2024 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

1.The Secretary to Government, School Education Department, Fort St.George, Chennai - 600 009.

2.The Joint Director of School Education, College Road, Nungambakkam, Chennai - 600 006. 3.The Chief Educational Officer, Thiruvallur, Thiruvallur District.

4.The Chief Educational Officer, Vellore District, Vellore.

5.The Head Master, Government High School, Page No.4 of 6

Andarkuppam, Thiruvallur District.

J.SATHYA NARAYANA PRASAD,J.

vm Page No.5 of 6

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