The Director Of School Education v. D. Rupan Arputharaj
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.B.BALAJI W.A.No.3018 of 2024 and CMP No.22635 of 2024
1. The Director of School Education, DPI Buildings, College Road, Chennai-6.
2. The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.
... Appellants Vs.
1. D.Rupan Arputharaj, B.T. Assistant (Science), Danish Mission Higher Secondary School, Thiruvannamalai.
2. The Correspondent, Danish Mission Higher Secondary School, Thiruvannamalai.
... Respondents PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 02.02.2024 made in W.P.No.17624 of 2022 and allow this writ appeal.
For the Appellants : Mr. UM Ravichandran Special Government Pleader For the Respondent : Mr.S.N.Ravichandran for first respondent
JUDGMENT
(Order of the Court was delivered by D.KRISHNAKUMAR, J.) The Government has filed the instant writ petition as against the order passed by the learned single Judge in W.P.No.17624 of 2024, dated 02.02.2024, in and by which, the appellants were directed to approve the appointment of the first respondent/writ petitioner as B.T.Assistant in the second respondent school with all consequential monetary benefits, within a period of four weeks from the date of receipt of a copy of this order.
2. The first respondent herein was appointed as B.T.Assistant (Science) on 08.06.2016 in the second respondent school and he joined duty on 10.02.2016. Subsequently, the second respondent school had submitted a proposal dated 27.06.2018 for approval of the appointment of the first respondent before the government/second appellant and the same was rejected on the ground that four B.T.Assistant teacher posts are found
surplus in that school. Challenging the same, he filed W.P.No.21164/2019 before this court, in which, by order dated 22.07.2021, the appellants were directed to reconsider the proposal submitted by the school management on its own merits and to pass appropriate orders. Pursuant to the above order, the management once again resubmitted the proposal and after considering the same, the appellants had rejected the proposal, reiterating the same reason of surplus of teaching posts. Against which, the first respondent had filed the writ petition and the learned single, has directed the appellants to approve the proposal for appointment of the first respondent. The order of the writ court is impugned herein.
3. Learned Special Government Pleader appearing for the appellants submitted that, pending writ appeal, the Chief Educational Officer, Thiruvannamalai, vide proceedings dated 24.08.2024, has approved the appointment of the first respondent as B.T.Assistant (Science) in the second respondent school, there by, the order of the writ court was complied with. To that effect, he also produced the said proceedings before this court.
4. Inview of the fact that the order of the writ court has been complied with by the appellants, no further order is required to be passed in the instant
writ appeal.
5. The writ appeal is disposed of accordingly. There shall be no order as to costs. Connected CMP No.22635 of 2024 is closed. (D.K.K.J.) (P.B.B.J.) 17.10.2024 Internet: Yes/No Index : Yes/No mst To
1. The Director of School Education, DPI Buildings, College Road, Chennai-6.
2. The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.
D.KRISHNAKUMAR, J.
and P.B.BALAJI , J.
mst W.A.No.3018 of 2024 17.10.2024