The Director Of School v. G.Arjunan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.A(MD)No.767 of 2018 and C.M.P(MD)No.4553 of 2018

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

2. The Chief Educational Officer, Thanjavur.

3. The District Educational Officer, Thanjavur.

4. The Headmaster, Government Girls Higher Secondary School, Orathanadu, Thanjavur District.

... Appellants/Respondents Vs.

G.Arjunan ... Respondent/Petitioner Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 05.07.2013 made in W.P(MD)No.14625 of 2011, on the file of this Court.

Prayer in WP(MD). 14625/ 2011 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the 4th respondent dated 29.8.2011 and quash the same, and direct the respondent to sanction 1 set of incentive increment for M.Phil., to the petitioner and confer all the consequential benefits.

For Appellants : Mr.A.K.Baskara Pandian, Additional Government Pleader.

For Respondent : Mr.V.Panneer Selvam

JUDGMENT

(Judgment of the Court was delivered by M.DURAISWAMY,J.) The above appeal arises against the order passed in W.P(MD) No.14625 of 2011.

2.The respondent herein filed the Writ Petition in W.P(MD) No.14625 of 2011 to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of the fourth respondent, dated 29.08.2011 and to quash the same and to direct the respondent to sanction one set of incentive increment for M.Phil to the petitioner and confer all the consequential benefits.

3.By order, dated 05.07.2013, the learned Single Judge set aside the impugned order and allowed the Writ Petition. Aggrieved over the same, the respondents in the Writ Petition have filed the above appeal.

4.When the matter is taken up for hearing, the learned counsel appearing for the respondent submitted that by order, dated 15.07.2015, the Division Bench of this Court confirmed the common order passed by the learned Single Judge, dated 05.07.2013 made in W.A(MD)Nos.464 and 465 of 2014 and 701 of 2015 preferred as against the common order passed in W.P(MD)Nos.71 of 2009, 14624 of 2011 and 7291 of 2011 and dismissed the Writ Appeals preferred by the respondents in the Writ Petitions.

5.Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the appellants submitted that the issue involved in the present Writ Appeal is covered by the decision of the Division Bench of this Court, dated 15.07.2015 made in W.A(MD)Nos.464 and 465 of 2014 and 701 of 2015 etc batch.

6.In view of the submissions made by the learned counsel appearing on either side, following the decision rendered in the above referred Writ Appeals, the present Writ Appeal is also dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

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

2. The Chief Educational Officer, Thanjavur.

3. The District Educational Officer, Thanjavur.

4. The Headmaster, Government Girls Higher Secondary School, Orathanadu, Thanjavur District.

+ 1 cc TO Mr.V.Panneer Selvam , Advocate in SR No. 69117 + 1 cc TO The Special Government Pleader in SR No. 69133 ps AE/SKN RSK/SAR1/04.07.2018/3P/7C W.A(MD)No.767 of 2018 20.06.2018