T.Shanthi v. The District Elementary
W.A.[MD]No.964 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.A.[MD]No.964 of 2013 and M.P.(MD) No.1 of 2013 T.Shanthi .. Appellant/Petitioner Vs.
1.The District Elementary Educational Officer, Tiruchirappalli, Tiruchirappalli District.
2.The Assistant Elementary Educational Officer, Opp. To U.T.C. College, Thiruverumbur, Tiruchirappalli District.
3.The Correspondent, Boiler Plant Middle School (Aided School), Kailasapuram, Tiruchirappalli District.
.. Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 22.07.2013, in W.P.[MD] No.11653 of 2013.
Prayer in WP(MD). 11653/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, directing the respondents to promote the petitioienr as Headmistress of Middle school considering the qualification and eligibility as on the date of vacancy and confer all the consequetial benefits by considering the representation dated 20/03/2010 made by the petitioner.
For Appellant : Mr.K.Appadurai For Respondent Nos.1 & 2 : Mr.R.Ragavendhar Standing Counsel for Government For Respondent No.3 : Mr.T.Antony Arulraj
JUDGMENT
*************** [Judgment of the Court was delivered by V.BHARATHIDASAN, J.] The Writ Petition filed by the appellant, seeking for a direction upon the respondents to promote her as Headmistress of third respondent Middle School by considering the qualification and eligibility as on the date of vacancy and to confer all the consequential benefits, has been dismissed by the learned Single https://hcservices.ecourts.gov.in/hcservices/ 1/4
W.A.[MD]No.964 of 2013 Judge by order dated 22.07.2013. Challenging the same the present Writ Appeal has been filed.
2.Learned counsel appearing for the third respondent submitted that subsequent to the dismissal of the Writ Petition, some other person has been promoted as Headmistress of the School and challenging the same, appellant has filed W.P.(MD) No.11030 of 2014 and this Court by order dated 14.10.2020, dismissed the Writ Petition and the order has become final.
3.Considering the fact that already some other teacher has been appointed to the post of Headmistress in the third respondent school and that order has been unsuccessfully challenged by the appellant, nothing survives for adjudication in this Writ Appeal and the same is liable to be dismissed.
4.Accordingly, the Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Elementary Educational Officer, Tiruchirappalli, Tiruchirappalli District.
2.The Assistant Elementary Educational Officer, Opp. To U.T.C. College, Thiruverumbur, Tiruchirappalli District.
JUDGMENT MADE IN W.A.[MD]No.964 of 2013 06.08.2021 CN(17.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4