Dineshkumar @ Dinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 11.12.2020 Coram:

The Hon'ble Mr.Justice M.S.RAMESH Rev. Appl.Writ (MD) No.45 o f 2020 in W.P.(MD) No.1321 of 2020 The Correspondent, Amali Girls Higher Secondary School, Irudayakulam, Vickramasingapuram, Tirunelveli District.

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Petitioner Vs.

1.The State of Tamil Nadu rep. by its Secretary, Department of School Education, Secretariat, Fort St. George, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-600 006.

3.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

4.The District Educational Officer, Cheranmahadevi, Tirunelveli District.

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Respondents Prayer: Review Petition filed under Clause 15 of the Letters Patent, to review the order dated 19.02.2020 in W.P.(MD) No.1321 of 2020.

Prayer in WP(MD)No. 1321 of 2020 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus Calling for the records relating to the impugned proceedings issued by the 4th respondent DEO in O.Mu.No.4559/A1/2019 dated --.11.2019, quash the same and further direct the respondents herein to approve forthwith the appointment 1/3

of A.Gnana Princy as Tailoring teacher in the petitioner's school from the date of her promotion i.e., 12.6.2019 and disburse the grant in aid towards her salary and allowance w.e.f the said date. For Petitioner :

Ms.A.Amala For Respondents :

Mrs.Srimathy, Additional Government Pleader

O R D E R

Heard Ms.A.Amala, learned counsel for the petitioner and Mrs.Srimathy, learned Additional Government Pleader appearing on behalf of the respondents.

2. In the earlier order dated 19.02.2020 passed in W.P.(MD) No.1321 of 2020, certain mistakes have crept in Paragraph No.1 of the order. According to the learned counsel for the petitioner, the petitioner was appointed on 12.06.2019 in the regular sanctioned retirement vacancy of the previous incumbent. The proposal was sent to the District Educational Office on 01.10.2019, seeking approval of the appointment. These facts were not correctly referred to in Paragraph No.1 of the order dated 19.02.2020.

3. The learned Special Government Pleader appearing on behalf of the respondents would submit that they have no objections if these errors are rectified.

4. In the light of the submissions made by the learned counsels, paragraph No.1 of my earlier order dated 19.02.2020 passed in W.P.(MD) No.1321 of 2020 stands substituted as follows:- "The petitioner School has a sanctioned post for Tailoring Teacher and one Teacher viz., Gnana Princy was appointed on 12.06.2019 in the vacancy that arose in the sanctioned post. On 01.10.2019, the petitioner had submitted a proposal seeking approval of appointment for the said post which came to be rejected by the respondents, through the impugned order on the ground that, after the issuance of the staff fixation for the year 2019-2020, if there is any surplus post in the Corporate Management, the same has to be filled-up, which process has not been adhered to and therefore, the petitioner was not entitled for approval of appointment. Challenging the same, the present writ petition has been filed."

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Expect this, all other observations and findings in the earlier order dated 19.02.2020 shall remain intact. The Review Petition stands ordered accordingly. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) DP To 1.The Secretary, State of Tamil Nadu Department of School Education, Secretariat, Fort St. George, Chennai-600 009.

2.The Director of School Education, College Road, Chennai-600 006.

3.The Chief Educational Officer, Tirunelveli, Tirunelveli District.

4.The District Educational Officer, Cheranmahadevi, Tirunelveli District.

+1 CC to M/s.A.AMALA, Advocate ( SR-25332[F] dated 14/12/2020 ) Rev. Appl. Writ (MD) No.45 of 2020 in W.P.(MD) No.1321 of 2020 11.12.2020 KM (23.12.2020) 3P 6C 3/3