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Madras High CourtWA/916/2017dismissed

The Government Of Tamil Nadu v. Sr.A.Saramary

2017-08-18Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Huluvadi G. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.8.2017

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.A.No.916 of 2017 and C.M.P.No.12735 of 2017 1 The Government of Tamil Nadu Rep by the Addl. Chief Secretary Department of School Education Fort St. George Madras 600 009 2 The Director of Primary Education DPI Campus College Road Chennai 600 006 3 The District Elementary Educational Officer The Office of the District Elementary Educational Officer Tiruppur Tiruppur District 4 The Additional Elementary Educational Officer The Office of the Additional Elementary Educational Officer Palladam Tiruppur District Appellants

Versus

1 Sr.A.Saramary 2 The correspondent St. Josephs Middle School Pallapalayam Mangalam Via Tiruppur District 641 663 Respondents

Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 31.7.2015 passed in M.P.No.3 of 2015 in W.P.No.6784 of 2015 on the file of this court. WP.No.6784 of 2015:Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to direct the respondents to pay salary to the Petitioner working as B.T.Assistant (Tamil) in St.Josephs Middle School, Pallapalayam, Mangalam Via, Tiruppur District-641 663 w.e.f 01.07.2014(in MP.No. 3/2015) pending disposal of the above WP.No.6784/2015.

For appellants : Mr.R.Prathapkumar, AGP

JUDGMENT

(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned Additional Government Pleader appearing for the appellants.

2. This matter is squarely covered by the decision of a Division Bench of this court in W.A.Nos.213 and 572 of 2016 dated 24.8.2016 and also the decision of the Supreme Court in the case of PRAMATI EDUCATIONAL AND CULTURAL TRUST v. UNION OF INDIA (AIR 2014 SC 2114). In that view of the matter, the stand taken by the Government regarding removal of the first respondent on the ground that she has not completed the Teachers Eligibility Test, does not survive for consideration. Accordingly, this writ appeal is disposed of being devoid of merits. No costs. The connected miscellaneous petition is closed.

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

To:

1 The Government of Tamil Nadu Rep by the Addl. Chief Secretary Department of School Education Fort St. George Madras 600 009

2 The Director of Elementary Education DPI Campus College Road Chennai 600 006 3 The District Elementary Educational Officer The Office of the District Elementary Educational Officer Tiruppur Tiruppur District 4 The Additional Elementary Educational Officer The Office of the Additional Elementary Educational Officer Palladam Tiruppur District 5 The correspondent St. Josephs Middle School Pallapalayam Mangalam Via Tiruppur District 641 663 +1 cc to the Government Pleader sr 60396 W.A.No.916 of 2017 sk(co) aa13/09/2017