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Madras High CourtWMP(MD)/1535/2016disposed of

Sr.J.Kanista, D/O.Joseph v. The Government Of Tamilnadu

2016-01-28Honourable Mr Justice D. Hariparanthaman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Twenty Eighth day of January Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice D.HARIPARANTHAMAN WMP(MD) No.1535 of 2016 IN WP(MD) No.1784 of 2016 SR.J.KANISTA, D/O.JOSEPH ST.ALOYSIUS GIRLS HIGHER SECONDARY SCHOOL, THOOTHUKUDI 628 001, THOOTHUKUDI DISTRICT.

... PETITIONER/PETITIONER Vs 1 THE GOVERNMENT OF TAMILNADU REP. BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, FORT.ST.GEORGE, CHENNAI 9 2 THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI 6 3 DISTRICT ELEMENTARY EDUCATIONAL OFFICER, THE OFFICE OF THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, THOOTHUKUDI 628 001 4 ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, THE OFFICE OF THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, THOOTHUKUDI 628 001 5 THE CORRESPONDENT, ST.ALOYSIUS GIRLS HIGHER SECONDARY SCHOOL, THOOTHUKUDI 628 001, THOOTHUKUDI DISTRICT ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim direction to the respondents to pay salary to the petitioner, by according temporary approval to her appointment as B.T.Assistant (Science) in St.Aloysius Girls Higher Secondary School, Thoothukudi 628 001, Thoothukudi District, w.e.f. 06.02.2014, pending disposal of the above WP.

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.DR.FR.A.XAVIER ARULRAJ, Advocate for the petitioner and of MR.T.S.MOHAMMED MOHIDEEN, learned Additional Government Pleader takes notice for the respondents 1 to 4, the court made the following order:- Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondents 1 to 4. Issue Notice to the fifth respondent. https://hcservices.ecourts.gov.in/hcservices/

2.Taking into account the judgment of the Apex Court in Pramati Educational and Cultural Trust and others Vs. Union of India and others, reported in (2014) 4 MLJ 486 (SC), and also the order dated 03.06.2015 in M.P.No.1 of 2015 in W.P.No.14072 of 2015, and the order of the Division Bench of this Court dated 14.09.2015 in W.A.No.1299 of 2015, confirming the same, an interim direction as prayed for is issued to grant temporary approval and pay salary to the petitioner, who is working as a B.T Assistant(Science) in the fifth respondent school. The interim direction shall be complied, within a period of six weeks from the date of receipt of a copy of this order.

sd/- 28/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF TAMILNADU DEPARTMENT OF SCHOOL EDUCATION, FORT.ST.GEORGE, CHENNAI 9 2 THE DIRECTOR OF SCHOOL EDUCATION, DPI CAMPUS, COLLEGE ROAD, CHENNAI 6 3 DISTRICT ELEMENTARY EDUCATIONAL OFFICER, THE OFFICE OF THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, THOOTHUKUDI 628 001 4 ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, THE OFFICE OF THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, THOOTHUKUDI 628 001 +1. C.C. to M/S.DR.FR.A.XAVIER ARULRAJ Advocate SR.No. 5114

ORDER

IN WMP(MD) No.1535 of 2016 IN WP(MD) No.1784 of 2016 Date :28/01/2016 NBI TE/SKS-RR/SAR-I : 02/02/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/