M.Muthukaruppanan v. The Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixth day of October Two Thousand Twenty PRESENT The Hon`ble Mr.Justice N.KIRUBAKARAN and The Hon`ble Mr Justice B.PUGALENDHI IN WA(MD)No.SR73126 of 2019 M.MUTHUKARUPPANAN ... PETITIONER/APPELLANT Vs 1 THE SECRETARY TO GOVERNMENT, SCHOOL EDUCATION, FORT ST.GEORGE, CHENNAI-9.

2 THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI-6.

3 THE DISTRICT EDUCATIONAL OFFICER, MADURAI EDUCATIONAL DISTRICT, THALLAKULAM, MADURAI. ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 322 days in representing the appeal in W.A (MD).SR.No.73126 of 2019.

PRAYER IN WA(MD)No.SR73126 of 2019:

Writ Appeal is filed under Clause 15 of the Letter Patent Act, pleased to call for the records and set aside the order dated 08.08.2019 passed by the Learned Judge in WP(MD)No.217 of 2017 and allow the Writ Appeal.

Prayer in WP(MD)No.217/2014 :

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order passed by the 3rd respondent in m.jp.K.vz;.9006/A1/2013, dated 03.12.2013 and quash the same as illegal and consequently direct the respondents to sanction 3rd incentive increment to the petitioner for possessing M.phil., to the 1/3

petitioner in the light of the orders of this Court in W.P.(MD) No.2528/2007, dated 20.12.2007, W.P. No. 9200/2011, dated 12.04.2011, W.P(MD) No.7291/2011, dated 05.07.2013 batch, W.P.(MD) No.11802/2013, dated 24.07.2013 and batch and in the light of G.O.Ms.No.17, School Education Department, dated 08.01.2008 G.O.Ms.No.209, School Education Department, dated 08.07.2010 and G.O.(2D)No.15, School Education Department, dated 28.03.2013. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.C.ARULVADIVEL @ SEKAR, Advocate for the petitioner, the court made the following order:- This petition is filed to condone the delay of 322 days in representing the appeal.

2.Heard the learned counsel for the petitioner. 3.In view of enormous delay in representing the appeal papers, this Court is inclined to allow this petition on payment of costs.

4. Accordingly, this petition is allowed on condition that the petitioner pays a sum of Rs.1,000/- (Rupees one thousand only) to Rojavanam Senior Citizens Care Centre, Near High Court, Melur Road, Uthangudi, Madurai - 625 020, within a period of one week from the date of receipt of a copy of this order.

5. The Registry, on filing a memo for payment, shall number the appeal, if it is otherwise in order and post the same in usual course.

sd/- 06/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SECRETARY TO GOVERNMENT, SCHOOL EDUCATION, FORT ST.GEORGE, CHENNAI-9 2.THE DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI-6.

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3.THE DISTRICT EDUCATIONAL OFFICER, MADURAI EDUCATIONAL DISTRICT, THALLAKULAM, MADURAI.

COPY TO : THE OFFICER INCHARGE, ROJAVANAM SENIOR CITIZENS CARE CENTRE, NEAR HIGH COURT, MELUR ROAD, UTHANGUDI, MADURAI - 625 020,

ORDER

IN CMP(MD) No.4911 of 2020 IN WA(MD)No.SR73126 of 2019 Date :06/10/2020 OGY PK/SMA/SAR-4/09.10.2020 : 3P/5C 3/3