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Madras High CourtWA(MD)/870/2021allowed

The Government Of Tamilnadu v. A.Gnanaselvi,

2021-04-22Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and C.M.P(MD)No.3888 of 2021 1.The Government of Tamil Nadu, represented by its Principal Secretary, Department of School Education Fort St. George, Chennai.

2.The Director of School Education, E.V.K.Sampath Malligai, DPI Campus, Chennai.

3.The District Elementary Educational Officer, Trichy.

4.The Assistant Elementary Educational Officer, Thiruverumbur, Trichy - 620 014.

... Appellants / Respondents 1 to 4 Vs.

1.A.Gnanaselvi, Assistant Secondary Grade Teacher, BHEL Tamil Medium Middle School, Kailasapuram, Trichy - 620 014.

...1st Respondent / Writ Petitioner 2.BHEL Tamil Medium Middle School, rep. by its Secretary, Kailasapuram, Trichy - 620 014.

... 2nd Respondent / 5th Respondent PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 01.12.2020 made in W.P.[MD] No.2075 of 2019 on the file of this Court.

Prayer in WP(MD)7407/2013:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent in Manthanam Ko.No.1/Ma. Tho.Ka./2012, dated 30.11.2012, quash the same 1/3

and direct the respondents 2 and 3 to approve the appointment of the petitioner from the date of her appointment i.e. 27.03.2002. For Appellants : Mrs.S.Srimathy, Special Government Pleader For 1st Respondent : Mr.M.Saravanan

JUDGMENT

*************** [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] We have heard Mrs.S.Srimathy, learned Special Government Pleader appearing for the appellants and Mr.M.Saravanan learned Counsel appearing for the first respondent.

2.This writ appeal filed by the State 1 to 4 is directed against the order, dated 01.12.2020 passed in W.P.[MD]No.7407 of 2013.

3.We have perused the order impugned in the Writ Appeal and we fully subscribed to the view taken by the learned Single Bench that once approval is granted, it shall take back to the date, on which, the appointment was made. There are no grounds made out by the appellants to interfere with the impugned order.

4. Accordingly, the writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) RM 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.

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1.The Government of Tamil Nadu, represented by its Principal Secretary, Department of School Education Fort St. George, Chennai.

2.The Director of School Education, E.V.K.Sampath Malligai, DPI Campus, Chennai.

3.The District Elementary Educational Officer, Trichy.

4.The Assistant Elementary Educational Officer, Thiruverumbur, Trichy - 620 014.

JUDGMENT MADE IN 22.04.2021 CN(19.05.2021) 3P 5C 3/3