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Madras High CourtWP(MD)/112/2018allowed

M.Durairasu, v. The Government Of Tamil Nadu,

2018-01-24Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 112 of 2018 M.Durairasu .. Petitioner Vs.

1. The Government of Tamil Nadu, Rep. by the Principal Secretary, School Education Department, Fort St. George, Chennai - 600 009.

2. The Director of School Education, D.P.I. Campus, College Road, Nungambakkam, Chennai - 600 006.

3. The Chief Educational Officer, Trichy.

4. The District Educational Officer, Musiri, Trichy District.

5. Keerambur High School, Rep. by its Secretary, Keerambur, Thuraiyur Taluk, Trichy District- 621 002.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order passed by the fourth respondent in Na.Ka.No.8327/A3/2017, dated 18.12.2017, quash the same and direct the respondents to approve the appointment of petitioner as Watchman in the fifth respondent school with effect from 01.02.2017 with all attendant monetary benefits. For petitioner : Mr. R.Subramanian For respondents : Mrs. S.Srimathy Special Government Pleader ******

O R D E R

*********** Mrs.S.Srimathy, learned Special Government Pleader takes notice for the respondents.

2. By consent of both parties, the main writ petition is taken up for final disposal at the stage of admission itself.

3. The writ petitioner was appointed as a Watchman in the fifth respondent School. The appointment was in respect of a sanctioned vacancy. The petitioner was possessing the requisite eligibility qualification. But the fourth respondent declined to grant approval. The order of rejection dated 18.12.2017 is challenged in this writ petition.

4. When the matter was taken up for final disposal, the learned Special Government Pleader appearing for the respondents produced a copy of the fresh proceedings dated 23.01.2018 issued by the fourth respondent, granting approval in favour of the petitioner. In view of the issuance of the aforesaid proceedings, nothing survives for further adjudication.

5. In view of the aforesaid proceedings dated 23.01.2018, passed by the fourth respondent, the order impugned in the writ petition stands set aside. This Writ petition is allowed accordingly. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1. The Principal Secretary, The Government of Tamil Nadu, School Education Department, Fort St. George, Chennai - 600 009.

2. The Director of School Education, D.P.I. Campus, College Road, Nungambakkam, Chennai - 600 006.

3. The Chief Educational Officer, Trichy.

4. The District Educational Officer, Musiri, Trichy District.

+ 1 cc TO Mr.R.Subramanian , Advocate in SR No. 43864 + 1 cc TO The Special Government Pleader in SR No. 44642 kmi AE/KKR/SAR2/20.03.2018/3P/7C ORDER MADE IN W.P. (MD) No. 112 of 2018 24.01.2018