The Government Of Tamilnadu v. A. Baskaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2018

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE R.SUBRAMANIAN W.A.No.1347 of 2016 and C.M.P.Nos.17387 and 17388 of 2016 1.The Government of Tamilnadu, Rep. by Secretary to Government School Education Department, Secretariat, Chennai - 600 009.

2.The Director of School Education, Nungambakkam, Chennai -6.

3.The Chief Educational Officer, Tiruvannamalai, Tiruvannamalai District.

...Appellants/Respondents Vs A.Baskaran

...Respondent/Petitioner

Prayer:- Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order passed by this Court in W.P.No.28870 of 2012 dated 18.04.2013.

PRAYER IN WP.28870 OF 2012:

Petition Under Article 226 of the Constitution of India praying for a issuance of 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 him as such with retrospective effect from the date of promotion of his immediate junior with consequential benefits.

For Appellants : Mr.K.Karthikeyan Govt.Advocate For Respondent : Mr.V.Thirupathi https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

(Judgment of the Court was delivered by K.K.SASIDHARAN, J.) The writ petition filed by the respondent for promotion was allowed by the learned single Judge notwithstanding the objection raised by the appellants that the respondent before acquiring the degree had undertaken diploma course in Teacher Education. The order is under challenge at the instance of the State.

2. When the appeal was taken up for hearing, the learned Government Advocate, by producing a copy of the order dated 29 June 2014 submitted that in view of the subsequent Government Order in G.O.(Ms).No.165 School Education Department, dated 15 October 2014, the respondent is entitled for promotion. According to the learned Government Advocate, the Government have already given promotion to the respondent by order dated 29 June 2014.

3. In view of the subsequent events relating to the Government order in G.O.Ms.No.165 dated 15 October 2014 and the order dated 29 June 2014 granting promotion to the respondent, nothing survives for adjudication.

4. The intra court appeal is disposed of with the above observation. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar svki +1cc to the Government Pleader, S.R.No. 26278 & 27242 W.A.No.1347 of 2016 ssd(CO) TR(04/05/2018) https://hcservices.ecourts.gov.in/hcservices/