The Joint Director Of v. G.Rita Jebakumari,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD) No.865 of 2015 and M.P.(MD)No.1 of 2015

1. The Joint Director of Elementary Education, College Road, Chennai.

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

3. The District Educational Officer, Pudukkottai District.

.. Appellants/Respondents.

-vs1.G.Rita Jebakumari .. Respondent/Writ Petitioner

2. The Correspondent, TELC Higher Secondary School, Pudukkottai, Pudukkottai District. .. Respondent/ Respondent No.4 PRAYER : Writ Appeal filed under Clause 15 of Letters Patent against the order passed by this Court dated 27.04.2015 in W.P. (MD)No.6565 of 2014.

Prayer in WP(MD). 6565/ 2014 :

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 records relating to the impugned order passed by the 3rd respondent in his proceedings in O.Mu.No.1121/A4/2014 dated 4.4.2014 and quash the same and further direct the 3rd respondent to approve the petitioner's appointment in the post of B.T. Assistant Tamil Pundit in the 4th respondent's school based on the appointment order dated 11.7.2008 besides directing the 3rd respondent to disburse the salary and other benefits from 11.7.2008 to till date and thus render justice.

For Appellants : Mr.V.Muruganantham Additional Government Pleader For Respondents : Mr.B.Prahalad Ravi for M/s Hallmark Associates for R.1 : No Appearance for R.2

J U D G M E N T

[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard the learned Additional Government Pleader appearing for the appellants and the learned Counsel appearing for the first respondent.

2. The Education Department has preferred this Writ Appeal against the order passed in W.P.(MD)No.6565 of 2014, dated 27.04.2015, filed by the first respondent herein. The matter pertains to the approval of appointment of the Writ Petitioner in the post of B.T.Assistant as Tamil Pandit in the second respondent School.

3. The learned Single Judge took into consideration the order passed in W.P.Nos.4246 and 16678 of 2004, dated 29.04.2008 and disposed of the writ petition by issuing certain directions. It is not in dispute that the identical issue was considered by the Division Bench of this Court in Writ Appeal (MD)Nos.639 to 642 of 2015 etc., batch cases dated 17.06.2015, wherein the appeals preferred by the Educational Department as against the similar order were dismissed. Thus following the order passed by the Division Bench of this Court in Writ Appeal (MD)Nos.639 to 642 of 2015 etc., batch cases dated 17.06.2015, the present Writ Appeal stands rejected. Accordingly, the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar

To The Correspondent, TELC Higher Secondary School, Pudukkottai, Pudukkottai District.

+1cc to Mr.B.Prahalad Ravi, Advocate Sr.No.53358 +1cc to Spl.Government Pleader Sr.No.53153 ssl vb/kp/sar2/26.04.2017/3p/4c W.A.(MD) No.865 of 2015 19.04.2017