Madras High CourtCMP(MD)/1537/2021dismissed

The District Elementary Educational Officer v. G. Queen,

2021-11-11Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan2 pages

C.M.P.(MD) No.1537 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.M.P.(MD) No.1537 of 2021 and W.A.(MD) SR. No.7490 of 2021 1.The District Elementary Educational Officer, Tirunelveli District.

2.The Additional Assistant Elementary Educational Officer, Melanilithanallur, Tirunelveli District.

... Petitioners in Miscellaneous Petition and appellants in Writ Appeal Vs.

1.G.Queen 2.The Correspondent, R.C. School, Chidambarapuram, Kurivikulam Via, Sankarankovil Taluk, Tirunelveli District. ... Respondent in Miscellaneous Petition and appellant in Writ Appeal Prayer in C.M.P. (MD) No.1537 of 2021: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying for condoning the delay of 1072 days in filing the writ appeal against the impugned order dated 22.12.2017 passed in W.P.(MD) No.24686 of 2016. Prayer in W.A.(MD) SR.No.7490 of 2021: Writ Appeal filed under Clause 15 of Letter Patent Appeal, praying to set aside the order dated 22.12.2017 in W.P(MD)No.24686 of 2016 and allow the Writ Appeal.

Prayer in WP(MD). 24686/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of mandamus or any other order or direction in the nature of writ, directing the respondents 1 and 2 to consider and pass orders on the representation of the 3rd respondent dated 01.07.2016 for granting approval of the post of the petitioner as secondary grade teacher in the 3rd respondent school with effect from 01.06.2016 within a time frame.

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C.M.P.(MD) No.1537 of 2021 For Petitioners in C.M.P.

: Mr.P.Subbaraj and Appellants in W.A. SR.

Government Advocate For 1st Respondent in C.M.P.

: Mr.K.Sankar and W.A. SR.

For 2nd Respondent in C.M.P. : No appearance and W.A. SR.

COMMON ORDER (Order of the Court was made by PUSHPA SATHYANARAYANA,J.) Learned Government Advocate appearing for the petitioners and the learned counsel for the 1st respondent submitted that the order passed in the Writ Petition has been complied with by the petitioners/appellants and therefore, no order is necessary in this Civil Miscellaneous Petition.

2.In view of the above submission, C.M.P.(MD) No.1537 of 2021 is dismissed. Consequently, W.A.(MD) No.7490 of 2021 is rejected. No costs.

Sd/- Assistant Registrar (CS-III) // 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, Tirunelveli District.

2.The Additional Assistant Elementary Educational Officer, Melanilithanallur, Tirunelveli District.

C.M.P.(MD) No.1537 of 2021 and W.A.(MD) SR. No.7490 of 2021 11.11.2021 RD/NS (24.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ Page 2/2