Madras High CourtWA(MD)/1011/2017disposed of

P. Raja v. Mr. Sampathkumar

2018-10-29Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.A.(MD)No.1011 of 2017 and C.M.P.(MD)Nos.6907 and 9285 of 2017 P.Raja : Appellant Vs.

1.Mr.Sampathkumar 2.The District Educational Officer, Musiri, Trichy District.

3.The Secretary, Swamy Viveganantha Vidyalayam Higher Secondary School, Vairichettipalayam - 621 012, Trichy District.

: Respondents PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent against the order of Writ Court dated 19.06.2017, made in W.P.(MD) No.10965 of 2017.

Prayer in WP(MD). 10965/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the 1st respondent to accord approval for appointment of the petitioner in the post of Junior Assistant in the 2nd respondent School with effect from 02.02.2017 on the basis of the proposal of the 2nd respondent dated 03.03.2017 within time frame fixed by this Honble Court.

For Appellant : Mr.R.Subramanian, For Mr.R.Pon Karthikeyan For Respondent No.1 : Mr.B.Saravanan For Respondent No.2 : Mrs.S.Srimathy, Special Government Pleader ********

J U D G M E N T

*********** [Judgment of the Court was delivered by M.M.SUNDRESH, J.] This Writ Appeal is directed against the order passed by the learned Single Judge giving a direction to grant approval for appointment of the first respondent herein.

https://hcservices.ecourts.gov.in/hcservices/

2. It appears that even on the earlier occasion, the learned Single Judge has passed an order that any approval would be subject to the result of the other Writ Petition filed by the appellant in W.P.(MD)No.2055 of 2017, which is still pending. Therefore, there is no need to keep this Writ Appeal pending, as the approval, which is the subject matter of the present Writ Appeal or the order passed by the learned Single Judge, will be certainly subject to the result of the order to be passed in W.P.(MD)No.2055 of 2017.

3. Accordingly, the Writ Appeal stands disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

4. We make it clear that all the issues are left open and no equity will be claimed based upon the order passed, which is the subject matter of W.A.(MD)No.1011 of 2017.

Sd/ Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar(CS-IV) To The District Educational Officer, Musiri, Trichy District.

+1cc to Mr.PON KARTHIKEYAN, Advocate, SR.No. 92802 +1cc to Mr.B.SARAVANAN, Advocate, SR.No. 92808 W.A.(MD)No.1011 of 2017 29.10.2018 SML KK/RP/SAR-4/08.11.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/