Madras High CourtWA/770/2017disposed of

The Government Of Tamil Nadu v. Mrs.Mary Elizebeth

2017-07-12Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.7.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE G.JAYACHANDRAN W.A.No.770 of 2017 and C.M.P.No.10634 of 2017 1 The Government of Tamil Nadu Rep by its Additional Chief Secretary The Department of School Education (C2) Fort St. George Chennai 600 009 2 The Director of School Education DPI Campus College Road Chennai 600 006.

3 District Elementary Educational Officer The Office of the District Elementary Educational Officer Gandhi Nagar Thiruvannamalai Thiruvannamalai District 606 601 4 Additional Assistant Elementary Educational Officer Office of the Additional Assistant Elementary Educational Officer Arni Thiruvannamalai District Appellants

Versus

1 Mrs.Mary Elizebeth 2 The Correspondent R.C.M.Girls Elementary School Arni Thiruvannamalai District Respondents Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 27.4.2015 passed in M.P.No.3 of 2015 in WP.No.12570 of 2015 on the file of this court. Prayer in MP.No.3/15 in WP.12570/15: Petition praying that in these circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the respondents to continue to pay salary to the petitioner working

as Secondary Grade Assistant, in R.C.M Girls Elementary School, Arni, Thiruvannamalai District, w.e.f., 16.06.2011 based on the approval accorded on 24.02.2015 without reference to the condition completing TET Exam.

Prayer in WP.No.12570/15: Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, Calling for the records pertaining to the impugned G.O.(Ms).No.181 School Education (C2) Department dated 15.11.2011 on the file of the 1st respondent and the consequential proceedings dated 24.2.2015 in Na.Ka.

No.4198/AA4/2013 on the file of the 3rd respondent in so far as it imposes an illegal condition to complete TET Exam on or before 31.3.2015 and the consequential proceedings dt 30.3.2015 in Na. Ka. No.433/A1/2015 on the file of the 4th respondent and quash the same in respect of the petitioner directing the respondents to accord permanent approval to the appointment of the petitioner Mrs.Mary Elizebeth as Secondary Grade Assistant in R.C.M. Girls Elementary School Arni Thiruvannamalai District, w.e.f. 16.06.2011 with all service benefits.

For appellant : Mr.R.Prathapkumar, AGP For respondent : Dr.Fr.A.Xavier Arul Raj, Senior Counsel for Ms.A.Arul Mary

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.

2. The writ appeal is filed challenging the order passed by the learned Single Judge in a miscellaneous petition.

3. However, it is brought to the notice of the court that subsequently, the main writ petition itself has been disposed of, by order dated 24.8.2016. In view of the same, the writ appeal has become infructuous. Accordingly, it is dismissed. No costs. The connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ssk.

To:

1 The Government of Tamil Nadu Rep by its Additional Chief Secretary The Department of School Education (C2) Fort St. George Chennai 600 009 2 The Director of School Education DPI Campus College Road Chennai 600 006.