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Madras High CourtWA(MD)/463/2018dismissed

The Director Of Elementary v. M. Rajesh

2018-03-20Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 20.03.2018

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI W.A.(MD).No.463 of 2018 and W.M.P.(MD).Nos.2736 and 2737 of 2018

1. The Director of Elementary School Education, D.P.I Campus, College Road, Chennai.

2. The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

3. The Assistant Elementary Educational Officer, Nanguneri Range, Tirunelveli District.

.. Appellants / Respondents 1 to 3 Vs.

1. M.Rajesh

2. The Correspondent, T.D.T.A Middle School, Kaluthur, Tirunelveli District.

... 2nd Respondent /4th Respondent PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, against the order passed by this Court dated 30.11.2016 in W.P. (MD).No.22843 of 2016.

Prayer in WP(MD). 22843/ 2016 :

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 pertaining to the order passed by the 3rd respondent in his proceedings A.THI.MU.No.1753/A4/2016, dated 13.10.2016 and quash the same, and direct the respondents to approve the appointment of the petitioner from the date of appointment i.e. from 08.12.2014 and confer all the consequential benefits.

For Appellant : Mr.VR.Shanmuganathan https://hcservices.ecourts.gov.in/hcservices/ For R1 : Mr.P.Chellapandian

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.VR.Shanmuganathan, learned counsel appearing for the appellant and Mr.P.Chellapandian, learned counsel appearing for the first respondent.

2.This appeal has been filed by the Director of Elementary School Education and another against the order passed in W.P.(MD). No.22843 of 2016, which was allowed along with other connected writ petitions by common order dated 30.11.2016. 3.The first respondent/writ petitioner filed contempt petition in Cont.P.(MD).No.2033 of 2017 alleging that the order passed by this Court in W.P.(MD).No.22843 of 2016, has not been complied with. When notice was ordered in the contempt petition, the appellants themselves vide proceedings in Na.Ka.No.817/A3/2017, dated 08.12.2017, have complied with the order passed in the writ petition and approved the appointment of the first respondent/writ petitioner.

4.Be that as it may, the writ appeal was presented before this Court only on 28.02.2018 ie., after the order was implemented by the appellants.

5.For the above reason, this writ appeal fails and stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Director of Elementary School Education, D.P.I Campus, College Road, Chennai.

2. The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

3. The Assistant Elementary Educational Officer, Nanguneri Range, Tirunelveli District.

Ns AE/KKR/SAR1/13.04.2018/2P/4C W.A.(MD).No.463 of 2018 and W.M.P.(MD).Nos.2736 and 2737 of 2018 20.03.2018 https://hcservices.ecourts.gov.in/hcservices/