The Joint Director Of v. G.Rita Jebakumari,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Third day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice T.S.SIVAGNANAM and The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.511 of 2018 IN REV.APLC(MD) No.SR1155 of 2018 1 THE JOINT DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, CHENNAI.
2 THE CHIEF EDUCATIONAL OFFICER, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.
3 THE DIST EDUCATIONAL OFFICER, PUDUKKOTTAI DISTRICT. ... PETITIONERS/PETITIONERS Vs 1 G.RITA JEBAKUMARI 2 THE CORRESPONDENT, TELC HIGHER SECONDARY SCHOOL, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT. ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the ddelay of 234 days in filing the above Review Petition filed as against the order dated 19/04/2017 in WA(MD). No.865 of 2015, on the file of this Honourable Court. PRAYER IN WA(MD).No.865 of 2015:
To Writ appeal filed under clause 15 of letters patent against the order passed by this court dated 27.04.2015 in WP(MD) No.6565 of 2014.
Prayer in WP(MD). 6565/2014 :
Writ Petition is 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 order passed by the 3rd respondent in his proceedings in O.Mu.No.1121/A4/2014 dated 4.4.2014 and quash the same and further
direct the 3rd respondent to approve the petitioner s appointment in the post of B.T. Assistant Tamil Pundit in the 4th respondent s school based on the appointment order dated 11.7.2008 besides directing the 3rd respondent to disburse the salary and other benefits from 11.7.2008 to till date and thus render justice. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.A.K.BASKARAPANDIAN, Special Government Pleader Advocate for the petitioner and of MR.B.PRAHALD RAVI, Advocate on behalf of the 1st Respondent, the court made the following order:- (Order of the Court was made by T.S.Sivagnanam, J.) Heard Mr.A.K.Baskara Pandian, learned Special Government Pleader for the petitioners and Mr.B.Prahald Ravi, learned counsel for the first respondent/writ petitioner.
2.This civil miscellaneous petition has been filed to condone the delay of 234 days in filing the above review application filed as against the order dated 19.04.2017 in W.A.(MD) No.865 of 2015. 3.We have gone through the facts of the case and the averments made in the affidavit filed by the second petitioner in support of this condone delay petition. The affidavit contains five paragraphs of which, paragraph 4 alone purports to deal with the aspects relating to delay. The petitioners accept that they have received the copy of the judgment on 04.01.2018, and would state that they have sent it to the higher officials for administrative sanction and the papers got mixed up with other files and has been traced only in the first week of July 2017.
4.We find that these averments are absolutely vague, bereft of particulars and unsubstantiated. Furthermore, the delay is more than 200 days and the delay having not been properly explained, we are not inclined to condone the delay of 234 days in filing the review application.
5.Accordingly, the civil miscellaneous petition stands dismissed. Consequently, the review application is rejected at the SR stage itself.
sd/- 03/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JOINT DIRECTOR OF ELEMENTARY EDUCATION, COLLEGE ROAD, CHENNAI.
2 THE CHIEF EDUCATIONAL OFFICER, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT.
3 THE DIST EDUCATIONAL OFFICER, PUDUKKOTTAI DISTRICT.
+1. CC to Mr.B.PRAHALD RAVI, Advocate SR.No.77622
ORDER
IN CMP(MD) No.511 of 2018 IN REV.APLC(MD) No.SR1155 of 2018 Date :03/08/2018 MV/JC/SAR-1/12.09.2018 : 3P/5C