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Madras High CourtWP(MD)/492/2013dismissed as infructuous

R. Enchalin Stella Mary, v. The Government Of Tamil Nadu,

2023-01-24Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P.(MD)Nos.1, 2, 2, 3 and 3 of 2013 R. Enchalin Stella Mary, Graduate Teacher (Tamil), Panchayat Union Middle School, V. Kurunthanpatti, Puthur Post, Ayyalur Via, Vadasandur Taluk, Dindigul District - 624 801.

... Petitioner in both cases vs.

1.The Government of Tamil Nadu, represented by its Principal Secretary, Department of School Education, Fort St. George, Chennai.

2.The Director of Elementary Education, E.V.K. Sampath Maligai, D.P.I. Campus, Chennai.

3.The District Elementary Educational Officer, Dindigul.

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4.The Additional Assistant Elementary Educational Officer, Vadamadurai, Dindigul District.

5.Josephine Mary, Headmistress, Panchayat Union Primary School, Kalanampatti, Vadamadurai Union, Dindigul District.

... Respondents in both cases PRAYER in W.P.(MD)No.492 of 2013:: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned order passed by the 3rd respondent in Na.Ka.No. 2926/Aa2/2012, dated 04.01.2013 and to quash the same. PRAYER in W.P.(MD)No.1647 of 2013:: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned G.O. passed by the 1st respondent in G.O.Ms.No.242, Higher Education (P1) Department, dated 18.12.2012 and to quash the same. In both cases:

For Petitioner : Mr.M.Saravanan For R1 to R4 : Mr.D.Sadiq Raja Additional Government Pleader 2/5

COMMON ORDER When the writ petitions were taken up for hearing, it was submitted that the demotion order of the petitioner, dated 04.01.2013 and the promotion order of one Josephine Mary was withdrawn. Hence, nothing survives for adjudication in these two writ petitions.

2. In fact, the Josephine Mary has challenged the demotion order in W.P. (MD)No.619 of 2013 and the same was withdrawn by the same Josephine Mary. Based on this, the petitioner is working in the promoted post now and she is entitled to all benefits attached to the said post.

3. Hence, the writ petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Index :

Yes / No 24.01.2023 Internet :

Yes NCC : Yes / No Tmg 3/5

To 1.The Principal Secretary, Government of Tamil Nadu, Department of School Education, Fort St. George, Chennai.

2.The Director of Elementary Education, E.V.K. Sampath Maligai, D.P.I. Campus, Chennai.

3.The District Elementary Educational Officer, Dindigul.

4.The Additional Assistant Elementary Educational Officer, Vadamadurai, Dindigul District.

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S.SRIMATHY, J Tmg 24.01.2023 5/5