K.Sampath v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2024
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.Nos.20260, 20263, 20264 & 20265 of 2021
1. K.Sampath
2. E.Indhumathi
3. M.Kasthuri Bai
4. G.Raja
5. D.Hema Devi
6. P.Kala
7. N.Sankar
8. K.Dhakshanamurthy
9. A.Veerappan
10. Jayapratha
11. S.Nagalakshmi
12. P.Rani
13. S.Vijayalakshmi
14. S.P.Sujatha
15. A.Arulmozhi
16. N.Saravanan
17. G.Venkateshwari
18. K.Ayeesha Sidheekha
19. Rufus Antony Raj
20. C.Arokya Samy
21. M.Mageswari
22. S.Selvanadane
23. S.Arulselvam
24. K.Lakshmanan
25. L.G.Saravanan
26. V.Tamil Selvam
27. G.S.Vijayakumar
28. Ramesh
29. P.Senthil Kumar ... Petitioners [P 3,4,9,10,11,13,15,16,18,19,20,22,24 withdrawn the writ petition vide order dated 29.09.2021] Vs.
1. The State of Tamil Nadu, Represented by its Secretary School Education Department, Fort St. George, Chennai 600 009.
2. The State Project Director, Samagra Shiksha Abhiyan (SSA), DPI Campus, Chennai 600 006.
3.The Director of School Educational DPI Campus Chennai 600 006.
4. The Joint Director (Personnel) DPI Campus Chennai 600 006.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent in G.O.Ms.No.134 School Education Department dated 18.08.2021 in so far as Clause 4 (1) (a) is concerned so far as the petitioners are concerned and quash the same and consequently direct the respondents not to disturb the petitioners in the post of BRTEs and permit them to continue in the post of BRTEs.
For Petitioners : M/s.Dhakshayani Reddy For Respondents : Mr.K.H.Ravikumar, Government Advocate
O R D E R
When the matter is taken up for consideration, it is brought to the notice of this Court that the validity of the very same impugned order i.e., G.O (1D) No.134, School Education Department dated 18.08.2021, insofar as clause 4(i) (m)(c)&(V) was already decided by a learned Division Bench of this Court in W.A (MD) No.2230 of 2023 by an order dated 07.11.2023 and the SLP filed there-against was also dismissed by the Hon'ble Apex Court by an order dated 05.01.2021.
2. This Court after having perused the said order is fully convinced that the issue in this Writ Petition is squarely covered by the said orders passed by the learned Division Bench, as confirmed by the Hon'ble Apex Court.
3. In the light of the above, the relief sought for in this Writ Petition cannot be granted and nothing survives for adjudication in this Writ Petition and the same is accordingly dismissed. Insofar as the petitioner No.1 is concerned, it is represented by the learned counsel for the petitioner that being continued in surplus
post, he may be granted liberty to make fresh representation for consideration of his case for accommodating him in nearby place before the ensuing counselling. In view of the same, the petitioner No.1 is granted liberty to submit appropriate representation before the 3rd respondent. In case, if any such representation is submitted by the petitioner before conducting of actual counselling, the same shall be considered by the 3rd respondent and appropriate orders may be passed thereon in accordance with law. No costs. Connected Miscellaneous Petitions, if any shall stand closed.
02.07.2024 (1/13) dpa Index : Yes / No Speaking order / Non-speaking order To
1. The Secretary, State of Tamil Nadu, School Education Department, Fort St. George, Chennai 600 009.
2. The State Project Director, Samagra Shiksha Abhiyan (SSA), DPI Campus, Chennai 600 006.
3.The Director of School Educational DPI Campus Chennai 600 006.
4. The Joint Director (Personnel) DPI Campus Chennai 600 006.
MUMMINENI SUDHEER KUMAR, J.
dpa and W.M.P.Nos.20260, 20263, 20264 & 20265 of 2021 28.06.2024 (1/13)