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Madras High CourtWP(MD)/2639/2018closed

S.Helen Rose Shyla v. The District Elementary

2018-02-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.2639 of 2018 S.Helen Rose Shyla ... Petitioner Vs.

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

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

3.The Correspondent, St.Teresa's RC Middle School, Pushpavanam, Tirunelveli District - 627 109.

... Respondents Prayer: Writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the first respondent herein to approve forthwith the appointment of petitioner as BT Assistant (Science) in the third respondent school w.e.f the date of appointment on 19.07.2013 with all attendant benefits including the arrears of salary and allowances.

For petitioner : Mr.A.Ajith Geethan For Respondents : Mrs.S.Srimathy, 1 and 2 Special Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner seeks approval of her appointment as B.T.Assistant in the third respondent school with effect from the date of appointment. It is seen that in this regard the petitioner had already filed WP(MD)No.21893 of 2015 and that the same was disposed of by this Court on 02.08.2016 with certain directions. It is not open to the petitioner to file second writ petition on the same cause of action. This writ petition is patently not maintainable.

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3.The learned counsel appearing for the petitioner submits that a larger relief has been given for similarly placed individuals by the Hon'ble Division Bench, later. If that be so, it is for the petitioner to prefer an appeal against the order dated 02.08.2016 and obtain the larger relief.

4.With these observations and preserving the right of the petitioner to pursue the matter, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

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

+1cc to Special Government Pleader, SR.No. 48605 W.P.(MD)No.2639 of 2018 13.02.2018 skm JM/SKN RSK/SAR 2/28.03.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/