M Anthonydasan v. The Joint Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2018 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No. 29377 of 2007 and M.P.No.1 of 2007 M. Anthonydasan

...Petitioner

Versus

1.The Joint Director of School Education, (Secondary Education) Office of the Director of School Education, DPI Compound, College Road, Chennai 600 006.

2. The District Educational Officer, Jayagopal Garodia Government Girls Higher Secondary School, Choolaimedu High Road, Chennai 600 094.

3. The Provincial Donbosco Institute, CITADEL, No.18, Landans Road, Kilpauk, Chennai 600 010.

4. St. Gabriel's Higher Secondary School, Represented by its Correspondent, No.28, Prakasam Salai, Chennai 600 108.

5. Mr.P.Mahalingam

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent in connection with the impugned order dated 03.07.2007 in Na.Ka.104750/G2/G1/2006 and quash the same and direct the third and fourth respondents to appoint the petitioner as the Assistant Headmaster of the fourth respondent School.

For Petitioner : Mr.M.Ramamurthy For Respondents : Mr.P.Raja, (For RR1 & 2) Government Advocate.

Mr. R. Srinivasan (For RR3 & 4) for Mr. Joseph Thatheus Jerome.

O R D E R

The petitioner has filed the Writ Petition challenging the impugned order dated 03.07.2007 passed by the first respondent, wherein the petitioner was declined to promote as Assistant Headmaster on the ground that the other person viz. P.Mahalingam, who had joined duty on the same day in the year 1980, was born in 1951, whereas the petitioner had born in 1953, as per Rule 35-A of the Tamil Nadu State and Subordinate Rules.

2.The learned counsel for the petitioner submitted that the petitioner had died and hence nothing survives for further adjudication.

3.In view of the above, after lapse of 12 years, I do not find any further adjudication is necessary in this Writ Petition. Accordingly, the writ petition stands dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rm To 1.The Joint Director of School Education, (Secondary Education) Office of the Director of School Education, DPI Compound, College Road, Chennai 600 006.

2. The District Educational Officer, Jayagopal Garodia Government Girls Higher Secondary School, Choolaimedu High Road, Chennai 600 094.

3. The Provincial Donbosco Institute, CITADEL, No.18, Landans Road, Kilpauk, Chennai 600 010.

4. St. Gabriel's Higher Secondary School, Represented by its Correspondent, No.28, Prakasam Salai, Chennai 600 108.

+1cc to the Government Pleader Sr.51930 +1cc to Mr.Joseph Thatheus Jerome, Advocate Sr.50978 W.P. No. 29377 of 2007 and M.P.No.1 of 2007 Na[co] srg 16/08/2018