Madras High CourtWA(MD)/1533/2018disposed of

St. Antonys Elementary v. The Chief Educational Officer

2018-11-01Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2018

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A(MD)No.1533 of 2018 St.Antony's Elementary School, Kallathupatti School Education Committee, Rep. by its Secretary, A.Alexis ... Appellant/Writ Petitioner Vs.

1.The Chief Educational Officer, Dindigul.

2.The District Educational Officer, Dindigul.

3.The Block Development Officer, Dindigul Rural, Dindigul District.

4.A.Arulanandam ... Respondents/Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 31.08.2018 made in W.P(MD)No.17951 of 2018, on the file of this Court.

Prayer in WP(MD). 17951/ 2018 :

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 pertaining to the order passed by the 2nd respondent in his proceedings in Na.Ka.No.3624/A2/2018 dated 05.07.2018 and quash the same and direct the respondents 2 and 3 to approve the School Committee proposal submitted by the petitioner dated 17.01.2018. For Appellant : Mr.V.Panneer Selvam For RR 1 to 3 : Mrs.S.Srimathy, Special Government Pleader.

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) Challenging the order, dated 31.08.2018 passed in W.P(MD) No.17951 of 2018, the present Writ Appeal has been preferred. https://hcservices.ecourts.gov.in/hcservices/

2. As there are rival claims and dispute between the

appellant/writ petitioner and the fourth respondent, direct payment of salary by the Government to the staff employed by the School was ordered by the first and second respondents and the same is put to challenge in W.P(MD)No.17951 of 2018.

3. The learned Single Judge had directed the parties to approach the civil Court to establish their rival claims against each of them. However, now the learned counsel appearing for the appellant/writ petitioner states that subsequent to the passing of the said order, Form VII filed by the appellant/writ petitioner is approved on 24.09.2018. Therefore, the learned counsel appearing for the appellant/writ petitioner requested that the second respondent may consider their request in terms of the approval of Form VII.

4. Accordingly, the second respondent is directed to consider the claim of the appellant/writ petitioner in terms of Form VII that is approved. The said exercise may be completed within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Appeal is disposed of. No costs.

Sd/ Assistant Registrar(Records) /True copy/ Sub Assistant Registrar(CS-IV) To 1.The Chief Educational Officer, Dindigul.

2.The District Educational Officer, Dindigul.

3.The Block Development Officer, Dindigul Rural, Dindigul District.

+1cc to Mr.V.PANNEER SELVAM, Advocate, SR.No.94162 +1cc to M/s.Special Government Pleader,SR.No.94261 W.A(MD)No.1533 of 2018 01.11.2018 PS KK/BK/SAR-4/04.12.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/