State Of Tamilnadu v. A.P.Selvaraju

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.10.2019

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR W.A. No.3387 of 2019 and C.M.P. No.21760 of 2019 1.State of Tamil Nadu rep by the Principal Secretary to Government, Education (R1) Department, Secretariat, Chennai - 9.

2.The Director of School Education, College Road, Chennai - 6.

3.The District Educational Officer, Perambalur.

4.The Head Master, Government Higher Secondary School, Chettikulam Post, Kunnam Taluk, Perambalur District.

... Appellants/Respondents Vs.

A.P.Selvaraju ... Respondent/Petitioner Writ Appeal filed under Clause 15 of the Letters Patent against the Order dated 16.02.2017 made in W.P.No.15596 of 2013. WP.NO.15596/2013:

Prayer : Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarifed Mandamus to call for the records on the file of the respondents 1, 3 and 2 in connection with the orders passed by them in Government letter No.34633/R.1/2012-2 dated 02.01.2013, O.Mu.No.905/A1/2013 dated 20.02.2013 and Na.Ka.No.716/A1/2013 dated 23.03.2013 respectively and quash the same and direct the respondents to regularize the service of the petitioner with effect from the date of completion of 10 years of service with all monetary and service benefits.

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For Appellants : Mr.K.Karthikeyan Government Advocate J U D G E M E N T (Order of the Court was delivered by S.MANIKUMAR, J) Instant writ appeal is directed against the Order of the writ court dated 16.2.2017 made in W.P.No.15596 of 2013, by which the writ court quashed the impugned and directed the first appellant, to regularise the service of the writ petitioner with effect from 2.3.2012, within a period of six weeks from the date of receipt of a copy of the writ court order. As against the same, instant writ appeal is filed.

2. In W.A. No.1258/2018 etc. batch dated 13.9.2019, after hearing the learned counsel for the parties, we dismissed the batch of writ appeals. Facts and circumstances of the above said writ appeals are squarely apply to the case on hand. Therefore Mr.K.Karthikeyan, learned Government Advocate, fairly submitted that the facts and circumstances of the judgment in W.A.No.1258 of 2018 etc. batch squarely applies to the facts of the case on hand.

3. Placing on record the above submission, this Court is of the view that there is no need to deal with the issues once again. Following the order made in W.A.No.1258 of 2018 etc. batch, instant writ appeal is dismissed. However, there shall be no order as to cost. Consequently, the connected civil miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar dpq To 1.The Principal Secretary to Government, State of Tamil Nadu Education (R1) Department, Secretariat, Chennai - 9.

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2.The Director of School Education, College Road, Chennai - 6.

3.The District Educational Officer, Perambalur.

4.The Head Master, Government Higher Secondary School, Chettikulam Post, Kunnam Taluk, Perambalur District.

W.A. No.3387 of 2019 and C.M.P. No.21760 of 2019 vba(co) nr 13/11/2019 3/3