Madras High CourtWMP(MD)/5279/2021dismissed

Rajam.J.S v. The Manager Of R.C.Schools

2021-03-25Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Twenty Fifth day of March Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice M.DHANDAPANI WMP(MD) No.5279 of 2021 IN WP(MD)No.6865 of 2021 J.S.RAJAM ... PETITIONER Vs 1 THE MANAGER OF R.C.SCHOOLS, BISHOP'S HOUSE, THOOTHUKUDI 628 001 2 THE SUPERINTENDENT OF R.C.SCHOOLS, BISHOP'S HOUSE, THOOTHUKUDI 628 001 3 ST.MICHAEL'S HIGH SCHOOL, NOCHIKULAM, THOOTHUKUDI DISTRICT 628 701, REP. BY ITS CORRESPONDENT.

4 THE TUTICORIN DIOCESAN ASSOCIATION, (REG.No.S1/37-38 DATED 14.04.1937) No.82, G.C.ROAD, THOOTHUKUDI 628 001, REP. BY ITS SECRETARY 5 THE CHIEF EDUCATIONAL OFFICER, THOOTHUKUDI, THOOTHUKUDI DISTRICT 628 215 6 THE DISTRICT EDUCATIONAL OFFICER, THIRUCHENDUR, THOOTHUKUDI DISTRICT 628 215 7 ANTONY SABIN ARASI ... RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of Interim Injunction restraining the Respondents 1 to 5 from appointing 6th respondent or any other persons in the regular B.T.Assistant Post caused the retirement of Mr.Sakthivel, B.T.Assistant (Mathematics) in the 3rd respondent School, pending disposal of the Writ Petition.

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Prayer in WP(MD)No.6865/2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ, or direction in the nature of a writ calling for the records relating to the impugned Appointment Order of the 7th respondent appointing the petitioner in the vacancy arising out of the retirement of Mr.A.Sakthivel, B.Sc., M.E.d., (Maths) as Graduate Assistant Teacher on 30.11.2016 in Ref.No.APT/2016-2017/41 dated 15.12.2016 on the file of the 1st respondent and quash the same and further directing the respondents 1 to 5 to appoint / absorb the petitioner in the B.T.Assistant Post (Mathematics) caused on the retirement of Mr.Sakthivel, B.T.Assistant (Mathematics) in the 3rd respondent School and further directing the 5th respondent to grant approval for the same.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.MAHESWARAN.R, Advocate for the petitioner and of Mr.N.SHANMUGA SELVAM, Additional Government Pleader on behalf of the Respondents 5 and 6, while admitting the Writ Petition, the Court made the following order:- The prayer sought in this petition and the writ petition is one and the same. Hence, this petition is dismissed. sd/- 25/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF EDUCATIONAL OFFICER, THOOTHUKUDI, THOOTHUKUDI DISTRICT 628 215 2 THE DISTRICT EDUCATIONAL OFFICER, THIRUCHENDUR, THOOTHUKUDI DISTRICT 628 215

ORDER

IN WMP(MD) No.5279 of 2021 IN WP(MD)No.6865 of 2021 Date :25/03/2021 IAS TE/JC : 30/03/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/