M.Sangeetha Banu v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2024

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.Nos.22662 and 22665 of 2021 M.Sangeetha Banu ... Petitioner Vs.

1. The Government of Tamil Nadu, Represented by its Principal Secretary to Government (School Education), Fort St.George, Chennai - 600 009.

2. The Commissioner of School Education, DPI Campus, College Road, Nungambakkam, Chennai - 600 009.

3. The State Project Director, Integrated Scheme for School Education, Samagra Shiksha (SS), State Project Officer, DPI Campus, Chennai - 600 009.

4. The Joint Director (Personal), Department of School Education, DPI Campus, College Road, Nungampakkam, Chennai - 600 006.

5. The Chief Educational Officer, Namakkal, Namakkal District.

... 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 relating to impugned clause 4 (1) (M) clause 4 (1) (c) clause 4 (1) (C) clause 4 (1) (V) and clause 4 (III) (ix) of G.O. (1d) No 134 school Education (Pa.Ka.5) (1) Department dated 18.08.2021 of the 1st respondent herein and the consequential impugned seniority list issued by the 4th respondent herein through email on 19.09.2021 and quash the same and consequently direct the respondents herein to prepare a draft seniority list on the basis of date of appointment and date of birth seniority and give sufficient time to petitioner to submit objections if any and thereafter issue final seniority list and conduct counseling for the BRTEs for the entire sanctioned 6,230 BRTEs posts as per the G.O. (Ms) No 100 School Education (SSA2) Department dated 16.05.2018.

For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.K.H.Ravikumar, Government Advocate

O R D E R

When this 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 (1) (M) clause 4 (1) (c) clause 4 (1) (C) clause 4 (1) (V) and clause 4 (III) (ix) 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. Further, the petitioner also has joined in her respective new place of posting pursuant to the impugned order or by participating in the subsequent counselling.

3. In the light of the above, the relief sought for in this Writ Petition cannot be granted and nothing survives for adjudication and the same is accordingly dismissed. No costs. Connected Miscellaneous Petitions, if any shall stand closed. 05.07.2024 skr 7/9 Index : Yes / No Speaking order / Non-speaking order To

1. The Principal Secretary to Government of Tamil Nadu (School Education), Fort St.George, Chennai - 600 009.

2. The Commissioner of School Education,

DPI Campus, College Road, Nungambakkam, Chennai - 600 009.

3. The State Project Director, Integrated Scheme for School Education, Samagra Shiksha (SS), State Project Officer, DPI Campus, Chennai - 600 009. MUMMINENI SUDHEER KUMAR, J.

skr

4. The Joint Director (Personal), Department of School Education, DPI Campus, College Road, Nungampakkam, Chennai - 600 006.

5. The Chief Educational Officer, Namakkal, Namakkal District.

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