The Government Of Tamil Nadu v. J. Santhiya,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 08.06.2016

CORAM

THE HONOURABLE MR. JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN W.A. NO. 568 OF 2016 AND C.M.P. NO. 7539 OF 2016

1. The Government of Tamil Nadu rep. By the Secretary Dept. of School Education Fort St. George, Chennai - 9.

2. The Director of School Education DPI Campus, College Road Chennai 600 006.

3. The Chief Educational Officer O/o The Chief Educational Officer Chennai North, Egmore Chennai 600 008.

4. District Educational Officer O/o The District Educational Officer Chennai North, Egmore Chennai 600 008.

.. Petitioners - Vs -

1. Santhiya

2. Singaram Pillai Girls Hr. Sec. School rep. By the Correspondent Villivakkam, Chennai 600 049.

.. Respondents Writ Appeal filed against the order dated 15.07.2015 passed by the learned single Judge in M.P. No.2 of 2015 in W.P. No.21230 of 2015.

Petition praying that direct the respondent to pay salary to the petitioner from 25.04.2015 in WP 21230/15.

Prayer in WP 21230 of 2015:

Petitioner filed under article 226 of the constitution of India to call for the records connected with the impugned order of the 4th respondent made in O.Mu.

No.1971/Aa1/2015 dated 15.6.2015 and quash the same and consequently direct the 4th respondent to approve of the petitioner's appointment as Office Assistant at the 5th respondent School with effect from 25.4.2015 within a time frame fixed by this Honourable Court.

For Petitioner : Mr. Mr. K.Karthikeyan, Govt. Advocate For Respondents : Mr. S.Sathiachandran for R-1

JUDGMENT

(DELIVERED BY HULUVADI G.RAMESH, J.) The 2nd respondent herein preferred the writ petition along with a miscellaneous petition for a direction on the respondent authorities to pay salary from 25.4.2015 to the petitioner.

2. Learned single Judge, while hearing the miscellaneous petition, directed the respondent authorities therein to approve the appointment of the petitioner and to pay salary. Aggrieved by the said order, the State is before this Court by filing the present appeal.

3. A perusal of the order passed by the learned single Judge reveals that following an identical order, the said order seems to have been passed. In the above circumstances, this Court is of the considered view that it would be suffice to direct the parties to argue the main writ petition before the learned single Judge. Accordingly, the parties are directed to approach the learned single Judge for hearing of the main writ petition at an early date.

4. With the above observation and direction, this writ appeal is disposed of. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar GLN To

1. The Secretary Government of Tamil Nadu Dept. of School Education Fort St. George, Chennai - 9.

2. The Director of School Education DPI Campus, College Road Chennai 600 006.

3. The Chief Educational Officer O/o The Chief Educational Officer Chennai North, Egmore Chennai 600 008.

4. District Educational Officer O/o The District Educational Officer Chennai North, Egmore Chennai 600 008.

1 cc to Government Pleader, sr.31262 1 cc to Mr.S.sathiachandran, Advocate, sr.30679 W.A. NO. 568 OF 2016 rsy co kra 22.06.2016