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Madras High CourtWA(MD)/450/2014dismissed

The Director Of School v. S.S.Hassan Abbobacker

2018-03-08Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI W.A.(MD).No.450 of 2014 and M.P.(MD)No.1 of 2014

1. The Director of School Education, College Road, Chennai 600006.

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

3. The District Educational Officer, Tirunelveli.

... Appellants/Respondents Vs.

S.S.Hassan Abooobacker, Manager and Correspondent, Rahmania Higher Secondary School, Melapalayam 627 005, Tirunelveli District.

... Respondent/writ Petitioner PRAYER:This appeal is filed under Clause 15 of the Letters Patent, to set aside the order dated 18.11.2013 in W.P.(MD)No.16905 of 2013 on the file of this Court.

Prayer in WP(MD). 16905/ 2013 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the entire records connected with the impugned order passed by the 3rd respondent in Na.Ka.No.1932/Aa2/2013 dated 19.08.2013 and quash the same and consequently direct the 3rd respondent to approve the appointment of Abbas Ali as record clerk from 03.01.2011 with all monetary and attendant benefits in Rahmania Higher Secondary School, Melapalayam, Tirunelveli District as per representation of the petitioner dated 12.01.2011.

For Appellants : Mr.V.R.Shanmuganathan Special Governement Pleader https://hcservices.ecourts.gov.in/hcservices/ For Respondent : Mr.K.K.Kannan

JUDGMENT

(Judgment of the Court was delivered by T.S.SIVAGNANAM, J) Heard Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the appellants and Mr.K.K.Kannan, learned counsel appearing for the respondent.

2.This appeal is directed against the order made in W.P. (MD)No.16905 of 2013 dated 18.11.2013. The learned counsels on either side submitted that the issued involved in the writ petition has already been settled and several decisions were rendered by the writ Court which was also confirmed by the Division Bench in the case of Deva Asir v. The Secretary of Government and others reported in 2016 (3) LW 152. 3.In the light of the aforesaid decision, this writ appeal fails and stands dismissed. No Costs. Consequently, M.P.(MD)No.1 of 2014 is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Director of School Education, College Road, Chennai 600006.

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

3. The District Educational Officer, Tirunelveli.

+1cc to Mr.K.K.Kannan, Advocate Sr.No.54146 MRN VB/KK/SAR1/27.03.2018/2P/5C W.A.(MD).No.450 of 2014 08.03.2018 https://hcservices.ecourts.gov.in/hcservices/