The Director Of School Education v. S.Rajeswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2019 CORUM THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Appeal No.2602 of 2019 and C.M.P.No.16730 of 2019

1. The Director of School Education, College Road, Chennai - 600 006.

2. The District Educational Officer, Tindivanam Taluk, Villupuram District.

.... APPELLANTS Vs

1. S.Rajeswari

2. Sri Sivaprakasa Swamigal Higher Secondary School Mailam & PO, Tindivanam Taluk, Villupuram District.

3. S.Ramu .... RESPONDENTS Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 02.01.2018 made in WP NO.24217 of 2012 passed by the Honble Court.

Prayer in W.P.No.24217 of 2012:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the third respondent issued in No.178/2011 dated 7.1.2012 and the subsequent proceedings of the 1st Respondent issued in Na.Ka.No. 11285/T1/E4/2011 dated 07.08.2012 and to quash the same in so far as the Petitioner is concerned and consequently forbearing the Respondents 1 & 2 from approving the appointment of 4th Respondent in the post of B.T. Assistant Tamil in the 3rd Respondent School and to direct the 3rd Respondent to promote the Petitioner to the post of B.T. Assistant Tamil in the 3rd

Respondent School based on eligibility and seniority within the time frame to be fixed by this Honourable Court. For Appellants : Mr.C.Munusamy Special Government Pleader(Education) For Respondents: Mr.S.Nedunchezhiyan - R1

J U D G M E N T

(Judgment of the Court was delivered by K.K.SASIDHARAN, J.,) The learned single Judge directed the appellants to appoint and promote the first respondent as B.T. Assistant (Tamil) taking into account her representation. There was a further direction to accommodate the first respondent by creating supernumerary post without disturbing the promotion of the 4th respondent.

2. We are now informed by the learned Special Government Pleader that pursuant to the order passed by the learned single Judge, a post was created and the first respondent was accommodated.

3. In view of the subsequent events relating to the compliance of the order passed by the Writ Court, nothing survives for adjudication in the present appeal.

4. The intra Court appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Director of School Education, College Road, Chennai.

2.The District Educational Officer, Tindivanam Taluk, Villupuram District.

+1cc to Mr.G.Sankaran, Advocate Sr.67156 +1cc to the Government Pleader Sr.67127 Writ Appeal No.2602 of 2019 and C.M.P.No.16730 of 2019 mp[co] srg 27/09/2019