The Government Of Tamilnadu v. C.Padmavathi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2018
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.A.Nos.1925 to 1927 of 2018 and C.M.P.Nos.15489 to 15493 of 2018 1.The Government of Tamil Nadu rep.by the Secretary to Government, School Education Department, Secretariat, Chennai-600 009.
2.The Director of School Education, Nungambakkam, Chennai-600 006.
3.The Chief Educational Officer, Vellore, Vellore District. ... Appellants in all the appeals -vsC.Padmavathi ...
Respondent in W.A.No.
J.Leema Jackulin ...
Respondent in W.A.No.
J.Muralidharan ...
Respondent in W.A.No.
Appeals filed under Clause 15 of the Letters Patent, against the common order passed by this Court in W.P.Nos.28865, 28867, 28875 of 2012 respectively, dated 18.04.2013. Praying to issue a Writ of Mandamus directing the respondents to include the name of the petitioner in the panel as on 1.1.2012 for promotion as Tamil Pandit in the appropriate place therein and to promote her as such with retrospective effect from the date of promotion of her immediate junior with consequential benefits. For Appellants ::
Mr.C.Munusamy, Special Government Pleader
COMMON JUDGMENT (Delivered by HULUVADI G.RAMESH, J.) The respondents herein have filed writ petitions before this Court in W.P.Nos.28865, 28867, 28875 of 2012 respectively to direct the appellants to include their names in the panel as on 01.01.2012 for promotion as Tamil Pandit in the appropriate place therein and to promote them as such with retrospective effect from the date of promotion of their immediate juniors with consequential benefits. The learned single Judge, by relying upon the earlier orders of this Court, allowed the writ petitions on 18.04.2013, granting relief to the respondents herein. Aggrieved over the same, the State has filed these appeals and the same have been listed today for admission. 2.
When these appeals were taken up for consideration, the learned Special Government Pleader appearing for the appellants / State has submitted that subsequently the Government has passed an order in G.O.(Ms.)No.165, School Education Department, dated 15.10.2014, in which it is stated that after passing 10th Standard Examination (S.S.L.C.), undergoing Diploma in Teacher Training is equivalent to +2 qualification (Higher Secondary School Examination). He has also produced a copy of the said Government Order. He further submitted that the respondents herein have been promoted from the post of Secondary Grade Teacher to Primary School Headmaster/ Headmistress.
3.In view of the Government Order passed in G.O.Ms.No.165, School Education Department, dated 15.10.2014, the appeals filed by the State is not maintainable. Hence, while upholding the impugned orders passed by the learned Single Judge in the writ petitions, the writ appeals stand dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar KM To 1.The Secretary to Government, Government of Tamil Nadu
School Education Department, Secretariat, Chennai-600 009.
2.The Director of School Education, Nungambakkam, Chennai-600 006.
3.The Chief Educational Officer, Vellore, Vellore District.
+1cc to Government Pleader SR.No.70527 W.A.Nos.1925 to 1927 of 2018 and C.M.P.Nos.15489 to 15493 of 2018 GJ II(CO) GMY(28/11/2018)