Madras High CourtWA(MD)/1788/2021disposed of

The Secretary v. A.Umadevi

2021-11-16Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A(MD)NO.1788 OF 2021 and C.M.P(MD)No.7684 of 2021 1.The Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Director of Elementary Education, School Education, DPI Campus, College Road, Chennai-600 006.

:Appellants/Respondents 1 to 3 .vs.

A.Umadevi : Respondent/Writ Petitioner PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent praying this Court to set aside the order passed by this Court in W.P(MD)No.8284 of 2020 dated 29.7.2020.

Prayer in WP(MD). 8284/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to directing the 1st respondent herein to regularize the petitioners service from his initial date of appointment till 1.6.2006 with all consequential monetary and service benefits of Teachers in the light of the Judgment of this Honble Court in W.P.no.4991/2015 dt 30.7.2019 within the time period For Appellants :MrM.Siddharthan Addl.Govt.Pleader For Respondent :Mr.G.Anto Prince

JUDGMENT

************* [Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.] Originally, the Writ Petition was filed seeking issuance of a Writ of Mandamus directing the first respondent to regularize the Petitioners' service from the initial date of appointment till 1.6.2006, with all consquential monetary and service benefits of Teachers in the light of the judgment of this Court made in W.P.No.4991 of 2015, dated 20.07.2015. 2.The said Writ Petition was disposed of by the learned Single Judge by directing the authorities to consider the representation of the Petitioners in the light of the Division Bench Judgment in W.A.No.3904 of 2019, dated 13.01.2020. Instead of complying with the orders given by this Court, the above Writ Appeal is filed. 3.In the meanwhile, the said W.A.No.

3904 of 2019 was reviewed by the Division Bench of this Court and the order made in the Writ Appeal was set aside, which made the order originally passed in W.P.No.4991 of 2015 incapable of being implemented. 4.In view of the subsequent developments and the order which was passed in Rev.Aplc.No.60 of 2020 in W.A.No.3904 of 2020 and W.A.Nos.723 of 2020 etc batch, dated 17.08.2021, the appellants are directed to consider and pass orders on the representation of the respondent herein, dated 7.6.2020 in the light of the order passed in the above referred Rev.Aplc.No.60 of 2020, dated 17.08.2021 within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, the Writ Appeal stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn 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 Secretary, Government of Tamil Nadu, School Education Department, Fort St.George, Chennai - 600 009.

2.The Director of School Education, DPI Campus, College Road, Chennai - 600 006.

3.The Director of Elementary Education, School Education, DPI Campus, College Road, Chennai-600 006.

+1 CC to M/s.G. ANTO PRINCE, Advocate ( SR-34679[F] dated 16/11/2021 ) +1 CC to M/s.SPL GP ( SR-34732,SR-35036[F] dated 17/11/2021 ) W.A(MD)NO.1788 OF 2021 and C.M.P(MD)No.7684 of 2021 16.11.2021 RK(26.11.2021) 3P 6C