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Madras High CourtWMP/32798/2019clarified

M.Kaushalya Devi v. The Chief Educational Officer

2019-11-19Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Nineteenth day of November Two Thousand Nineteen PRESENT THE HON`BLE MR JUSTICE M.DHANDAPANI WMP No.32798 of 2019 IN WP.29233 of 2019 M.KAUSHALYA DEVI [ PETITIONER ] JAYENDRA SARASWATHI SANKARA NURSERY AND PRIMARY SCHOOL 6/338, THOPPU STREET PULIVALAM TIRUVARUR DISTRICT 610 109 REP. BY ITS HON. CORRESPONDENT AND Vs 1 THE CHIEF EDUCATIONAL OFFICER [ RESPONDENTS ] ERODE DISTRICT, ERODE 2 THE DISTRICT EDUCATIONAL OFFICER, ERODE EDUCATION DISTRICT, ERODE DISTRICT 3 THE BLOCK EDUCATIONAL OFFICER ERODE BLOCK, ERODE DISTRICT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Clarify the Order dated 06.11.2019 made in WP No. 29223 of 2019 etc. batch cases (in WMP.No.32798/2019) in WP.No.29223/2019.

Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of G.SANKARAN, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- This matter has been listed today under the caption 'to clarify the order in W.P.No.29223 of 2019' at the instance of the learned counsel for the petitioner.

2. This Court by order dated 12.11.2019, issued a direction to the Chief Educational Officer to look into the grievance ventilated by the petitioners and accommodate the teachers in the existing vacancies in the same union/outside union or nearby residences of the petitioners, based on the availability and pass appropriate https://hcservices.ecourts.gov.in/hcservices/

order on or before 20.11.2019.

3. Mr.G.Sankaran, learned counsel appearing for the petitioner would submit that this Court has to clarify the word 'availability', as to whether it is including the need post which was sanctioned by the Educational Authorities?

4. Mr.C.Munusamy, learned Special Government Pleader would submit that this Court may clarify the word 'availability' as including the need post already sanctioned by the Educational Authorities.

5. In view of the above, the word 'availability' in the order means including the need post already sanctioned by the Educational Authorities. The order is clarified to the extent indicated above. -sd/- 19/11/2019 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE CHIEF EDUCATIONAL OFFICER ERODE DISTRICT, ERODE 2 THE DISTRICT EDUCATIONAL OFFICER, ERODE EDUCATION DISTRICT, ERODE DISTRICT 3 THE BLOCK EDUCATIONAL OFFICER ERODE BLOCK, ERODE DISTRICT C.C. to G.SANKARAN Advocate, SR.NO.13709 The Government Advocate, High Court, Madras - 104. Order in WMP.32798/2019 in WP.29233/2019 Date :19/11/2019 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format SM/05/12/2019 https://hcservices.ecourts.gov.in/hcservices/