V. Lakshmi Samethan v. The District Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.37813 of 2005 and W.M.P.No.40475 of 2005 V.Lakshmi Samethan

...Petitioner

vs.

1.

The District Elementary Educational Officer, Vellore, Vellore District.

2.

The Assistant Elementary Educational Officer, Vellore (Puranagar), Vellore District - 632 013.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the proceedings of the District Elementary Education Officer, relating to the proceedings in Na.Ka.No.4628/A4/2005 dated 01.09.2005, of the District Elementary Education Officer, Vellore, Vellore District, the 1st Respondent herein and quash the same and direct the 1st Respondent to allow the petitioner to continue in the same post of B.T.Assistant.

For Petitioner :

Mr.K.Thennan For Respondents :

Mrs.P.Kavitha Government Advocate

O R D E R

Petitioner has come up with the present Writ Petition challenging the proceedings of the 1st Respondent/District Elementary Education Officer vide Na.Ka.No.4628/A4/2005, dated 01.09.2005, and for a consequential direction to the 1st Respondent to allow him to continue in the same post of B.T.Assistant.

2.

Today, when the matter is taken up for hearing, learned Government Advocate appearing for the Respondents, drew the attention of this Court to the last paragraph of the counter https://hcservices.ecourts.gov.in/hcservices/

Affidavit and submitted that, the Petitioner has joined the reversion post of Elementary School Headmaster on 25.11.2005. Hence, according to her, nothing survives for consideration in this matter. For better appreciation, the last paragraph of the counter Affidavit is extracted hereunder:

"Finally, it is submitted that the Petitioner has joined in the reversion post of Elementary School Headmaster on 25.11.2005. It is also submitted that he was again promoted as Middle School B.T. Headmaster on 26.6.2006 at Panchayat Union Middle School, Pulimedu and retired on 30.06.2006. Since the reversion was due to administrative need. Therefore, the Writ Petition filed by the Petitioner deserves no consideration and the Writ Petition may kindly be dismissed."

3.

Recording the submissions of the learned Government Advocate appearing for the Respondents that, nothing further survives for adjudication, this Writ Petition is dismissed as having become infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar (aeb/jas) To 1.

The District Elementary Educational Officer, Vellore, Vellore District.

2.

The Assistant Elementary Educational Officer, Vellore Rural Range, Vellore District.

+1cc to Mr.Thennan, Advocate, S.R.No.27302 +1cc to the Government Pleader, S.R.No.27385 of 2020 W.P.No.37813 of 2005 and W.M.P.No.40475 of 2005 KK(CO) RN(06/11/2020) https://hcservices.ecourts.gov.in/hcservices/