The Director Of Elementary v. The Correspondet

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.A(MD)No.1003 of 2018 and C.M.P(MD)No.6977 of 2018

01. The Director of Elementary Education, College Road, Chennai - 600 006.

02. The District Elementary Education, Madurai, Madurai District.

03. The Assitant Elementary Educational Officer, Madurai South, Madurai District. .... Appellants/Respondents Vs.

The Correspondent, St. Mary's RC Primary School, Kezhavasal - 625 001, Madurai District. .... Respondent / Writ Petitioner Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 18.01.2018 in W.P(MD)No.11799 of 2017.

Prayer in WP(MD)No. 11799 of 2017 :

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 proceedings issued by the 2nd respondent District Elementary Education Officer in O.Mu.No.1484/A.1/2017 dated 19.04.2017, Quash the Same and further Direct the 2nd respondent District Elementary Educational Officer to approve forthwith the appointment of M.Puthumai Anthoniar as Secondary Grade teacher in the petitioners school namely, St.Marys R.C.Primary Kezhavasal, w.e.f. The date of his appointment viz. 09.01.2017 and disburse grant-in-aid towards the salary and other attendant benefits. For Appellants: Mr.A.K.Baskarapandian, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Judgment of the Court was delivered by DR.ANITA SUMANTH, J.) Heard Mr.Baskarapandian, learned Special Government Pleader for the appellants.

2. We have in our decision dated 03.07.2018 made in W.A(MD)Nos.524 to 528 of 2018, dismissed the appeals filed by the State in identical circumstances as in the present appeal. In doing so, we have followed the rationale of earlier decisions of this Court in W.A(MD)No.687 of 2015 dated 19.06.2015 and W.A(MD) No.798 of 2015 dated 22.07.2015.

3. In the light of the aforesaid, this writ appeal stands dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Director of Elementary Education, College Road, Chennai - 600 006.

2. The District Elementary Education, Madurai, Madurai District.

3. The Assitant Elementary Educational Officer, Madurai South, Madurai District.

+1cc to Spl.Government Pleader Sr.No. 75895 PM VB/KAK/SAR3/24.08.2018/2P/5C W.A(MD)No.1003 of 2018 and C.M.P(MD)No.6977 of 2018 30.07.2018 https://hcservices.ecourts.gov.in/hcservices/