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Madras High CourtWP/14404/2007dismissed as infructuous

P.Annamalai v. The Joint Director Of School Education (Personal),

2020-11-11Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.14404 of 2007 (O.A.No.1746 of 2003) 1.P.Annamalai 2.G.Pachiappan 3.R.Santhi 4.K.Velammal 5.V.Santha 6.A.Valluvan 7.P.Sampath 8.D.Arumugam 9.N.Munisamy 10.S.Ganesan 11.V.Selvi ... Petitioners Vs.

1.The Joint Director of School Education (Personal), College Road, Chennai.

2.Director of School Education, College Road, Chennai.

3.T.Mangaiyakarasi Assistant, O/o, District Elementary Educational Officer, Dharmapuri.

4.A.Kannan Assistant, Government Higher Secondary School, Sankarapuram, Villupuram.

5.S.Janaki Assistant, O/o, The District Educational Officer, Devakottai, Sivagangai District.

6.P.Jayajothi Assistant, O/o, The Assistant Elementary Educational Officer, Kanai, Erode.

7.T.Vasudevan Assistant, Government High School, Agraharam, Erode.

8.P.Bhagyavathi Assistant, O/o, District Elementary Educational Officer, Virudhunagar.

9.S.Vijayalakshmi Assistant, O/o Chief Educational Officer, Salem.

10.S.Susila Assistant, O/o, Assistant Elementary Educational Officer, Srivilliputhur, Virudhunagar.

11.R.Malarvizhi Assistant, Government Higher Secondary School, Mathikodu, Kanyakumari District.

12.P.Muthusamy Assistant, Government Higher School, Kannivadi, Erode.

... Respondents PRAYER :

Originally this application has been filed as Original Application No. 1746 of 2003 before the Tamil Nadu Administrative Tribunal at Chennai and after abolition of TNAT, application has been transferred and re-numbered as W.P.No.14404 of 2007.

Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order of the first respondent dated 29.11.2002 issued in Na.Ka.No.36132/c2section/c5/2002, quash the same so far as it relates to respondents 3 to 11, call for the records relating to the order of the second respondent dated 25.02.2003 issued in Na.Ka.No.131660/c2section/c5/2002, quash the same. to direct the first respondent to include the name of the applicants in the panel of Desk Superintendents dated 29.11.2002 issued in Na.Ka.No.36132/c2section/c5/2002 and to award the consequent promotion & other benefits. For Petitioners : Mr.S.Muthukannu No appearance For Respondents : Mr.P.Chinnadurai [R1 & R2] Additional Government Pleader No appearance [R3 to R12]

ORDER

This Writ Petition has been filed calling for the records relating to the order of the first respondent dated 29.11.2002 issued in Na.Ka.No.36132/c2section/c5/2002 and order of the second respondent dated 25.02.2003 issued in Na.Ka.No.131660/c2section/c5/2002 and quash the same. Further, to direct the first respondent to include the name of the applicants in the panel of Desk Superintendents dated 29.11.2002 issued in Na.Ka.No.36132/c2section/c5/2002 and to award the consequent promotion & other benefits.

2. It is averred in the writ petition that the petitioners have filed the Original Application before the Tamil Nadu Administrative Tribunal, Chennai. Subsequently, due to abolition of the Tribunal, this matter was transferred to this Court and renumbered as W.P.No.14404 of 2007.

3. When the matter is taken up for hearing today, there is no representation for the petitioners.

4. Learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the petitioners got promotion in the year 2006 itself and they have subsequently retired on attaining the age of superannuation. Therefore, nothing survives in this writ petition to be adjudicated upon further. He has also produced the copy of the proceedings of the first petitioner.

5. Since there is no representation from the petitioner, considering the submission made by the learned Additional Government Pleader appearing for the respondents 1 and 2 that the petitioners got promotion in the year 2006 itself and were retired on superannuation, nothing survives in this writ petition for further adjudication. Accordingly, the Writ Petition stands dismissed as infructuous. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sni

To 1.The Joint Director of School Education (Personal), College Road, Chennai.

2.Director of School Education, College Road, Chennai.

+1 cc to The Government Pleaded Sr.36940 W.P.No.14404 of 2007 AJS(CO) RVR 19/12/2020