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Madras High CourtCMP(MD)/2272/2021dismissed

The Director Of School v. J.Jasmine

2021-06-08Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI in W.A.[MD]No.SR11686 of 2021 and W.A.[MD]No.SR11686 of 2021

1. The Director of School Education, College Road, Chennai-6.

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

3. The District Educational Officer, Valliyur, Tirunelveli District.

... Petitioners / Appellants Vs.

1. J.Jasmine

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

... Respondents / Respondents P RAYER in C.M.P.[MD]No.2272 of 2021:

Petition filed under Section 5 of Limitation Act, praying to condone the delay of 662 days in filing the Writ Appeal against the order dated 05.04.2019 in W.P.[MD]No.4046 of 2019.

PRAYER in W.A.[MD]No.SR11686 of 2021: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 05.04.2019 passed in W.P.(MD).No.4046 of 2019 on the file of this Court. Prayer in WP(MD). 4046 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pursuant to the impugned staff fixation report dated 20/03/2017 in so far as fixing the one pre vocational instructor post(sewing) as surplus and consequential rejection order passed by the 3rd respondent in A.Thi.Mu.No.274 / Aa1 / 2018 dated 28/09/2018 quash the same and direct 3rd respondent to approve the petitioners appointment as pre vocational instructor (sewing) at 4th respondent school and give all other service and monetary benefits from 25.10.2018. 1/4

For Petitioners : Mr.R.Baskaran Standing Counsel for Government For Respondent No.1 : Mr.S.Chellapandian

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.R.Baskaran, learned Government Counsel appearing for the petitioners and Mr.S.Chellapandian, learned counsel for the first respondent / writ petitioner.

2. There is a delay of 662 days in filing the Writ Appeal.

3. In paragraph No.7 of the affidavit filed in support of the condone delay petition, the so-called reasons have been set out. We have carefully gone through the averments in paragraph No.7 of the affidavit and we find that there is no sufficient cause shown by the petitioner for condonation of the inordinate delay of 662 days. Accordingly, this petition is dismissed. Consequently, the Writ Appeal stands rejected in the SR stage itself. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg / PS 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 Director of School Education, College Road, Chennai-6.

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

3. The District Educational Officer, Valliyur, Tirunelveli District.

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+1 CC to M/s.S.CHELLA PANDIAN, Advocate ( SR-19023[F] dated 08/06/2021 ) in W.A.[MD]No.SR11686 of 2021 and W.A.[MD]No.SR11686 of 2021 Dated :

08.06.2021 KK(16.06.2021) 3P 5C 3/4