The State Of Tamil Nadu v. S. John Xavier Britto

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P(MD)No.10065 of 2023 1.The State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Fort St. George, Chennai.

2.The Director of School Education, College Road, Chennai.

3.The Chief Educational Officer, Ramanathapuram District, Ramanthapuram.

... Appellants/Respondents -vsS.John Xavier Britto ... Respondent/writ petitioner Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 31.07.2018, passed in W.P.(MD) No.16926 of 2018, on the file of this Court.

For Appellants :

Mr.D.Sadiq Raja, Additional Government Pleader For Respondent :

Mr.R.Saravanan

J U D G M E N T

[Judgment of the Court was made by S.S.SUNDAR, J.] This writ appeal is directed against the order of the learned Single Judge, dated 31.07.2018, passed in W.P.(MD) No.16926 of 2018.

2. A Division Bench of this Court had already taken a decision in similar matters, which is in tune with the decision of the learned Single Judge in the writ petition. The Government had also filed a review application as against the judgment of the Division Bench and the review applications in a batch of cases in Review Application (MD)No.39 of 2022, etc., cases, were also dismissed vide judgment, dated 20.04.2023.

3. Pursuant to the said judgment, the Government had issued G.O.(Ms)No.127, School Education (Pa.Ka7(1) Department, dated 12.07.2023, accepting the case of the similarly placed persons like that of the respondent.

4. In the said circumstances, recording the fact that the issue raised in this writ appeal has been decided in several other similar cases, this writ appeal is dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

[S.S.S.R., J.] [D.B.C., J.] 18.08.2023 NCC :

Yes / No Index :

Yes / No PM To:

1.The Secretary to Government, State of Tamil Nadu, School Education Department, Fort St. George, Chennai.

2.The Director of School Education, College Road, Chennai.

3.The Chief Educational Officer, Ramanathapuram District, Ramanthapuram.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

PM 18.08.2023