Madras High CourtWMP(MD)/3163/2019dismissed

P.Jemila Banu,Head Mistress v. The District Elementary

2019-07-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.M.P.(MD)No.3163 of 2019 in Rev.APLW(MD)No.SR12073 of 2019 P.Jemila Banu ... Petitioner Vs.

1.The District Elementary Educational Officer, Tirunelveli.

2.The Additional Assistant Elementary Educational Officer, A.E.E.O. Office, Kalakadu Union, Tirunelveli.

3.Valli ... Respondents PRAYER in W.M.P.(MD)No.3163 of 2019: Miscellaneous Petition is filed under Article 226 of the Constitution of India, to condone the delay of 376 days in filing the Review Application before this Court.

PRAYER in Rev.APLW(MD)No.SR12073 of 2019: Review Application is filed under Order XVII, Rule 1 & 2 r/w Section 114 of Civil Procedure Code, to review the order passed in W.P.(MD)No.9244 of 2017, dated 08.01.2018 and dismiss the writ petition. Prayer in WP(MD). 9244/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent vide Na.Ka.474/A2/2015 dated 29.06.2015 and the consequential panel list prepared by the 2nd respondent for the year of 2015 to 2017 for the post of Middle School Head Mistress and may consequently to direct the 1st Respondent to appoint this Petitioner as Middle School Head Mistress in Panchayat Union Middle School Ervadi Central - Kalakadu Union or any other Middle School from 01.06.2017. For Petitioner :

Mr.K.K.Kannan For Respondents : Mrs.S.Srimathy Spl. Govt. Pleader for R1 & R2 https://hcservices.ecourts.gov.in/hcservices/ : Mr.K.P.Narayanakumar for R3

O R D E R

The petitioner in the review application was the third respondent in W.P.(MD)No.9244 of 2017. The said writ petition was allowed on 08.01.2018. Aggrieved by the same, the petitioner herein filed W.A.(MD)No.581 of 2018. The petitioner fairly stated that the said writ appeal was dismissed on 05.12.2018. If that be so, the petitioner cannot maintain a review application after the dismissal of the writ appeal. Therefore, W.M.P.(MD)No.3163 of 2019 is dismissed.

2.In view of the order passed in W.M.P.(MD)No.3163 of 2019, the Review Application is rejected at the SR stage itself. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The District Elementary Educational Officer, Tirunelveli.

2.The Additional Assistant Elementary Educational Officer, A.E.E.O. Office, Kalakadu Union, Tirunelveli.

W.M.P.(MD)No.3163 of 2019 in Rev.APLW(MD)No.SR12073 of 2019 18.07.2019 CS(08.08.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/