The Correspondent, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2017
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) Nos.3182 and 3183 of 2017 and W.M.P(MD)Nos.2531 to 2533 of 2017 W.P.(MD) No.3182 of 2017 The Correspondent, St.Anne's Girls Higher Secondary School, Melapudur - 620 001, Trichy District.
... Petitioner Vs.
1.The State of Tamil Nadu, represented by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.
College Road, Chennai - 600 009.
3.The Chief Educational Officer, Trichy, Trichy District.
Trichy, Trichy District.
.. Respondents W.P.(MD) No.3183 of 2017 The Correspondent, St.John's Girls' Higher Secondary School, Arul Nagar, Devakkottai, Sivagangai District - 630 302.
... Petitioner Vs.
1.The State of Tamil Nadu, represented by its Secretary, Department of School Education, Fort St.George, Chennai - 600 009.
College Road, Chennai - 600 009.
3.The Chief Educational Officer, Sivagangai,Sivagangai District.
Devakkottai, Sivagangai District.
Respondents Prayer in W.P(MD)No.3182 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the fourth respondent District Educational Officer in O.Mu.No.7231/Aa4/2016, dated 19.1.2017 and to quash the same and further to direct the fourth respondent District Educational Officer to approve forthwith the appointment of A.Jonsy Sahaya Rani as B.T.Assistant(History) w.e.f the date of her appointment viz., 26.8.2016 with all attendant benefits including the arrears of salary and allowance. Prayer in W.P(MD)No.
3183 of 2017: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the fourth respondent District Educational Officer in O.Mu.No.5762/A1/2016, dated 2.8.2016 and to quash the same and further to direct the fourth respondent District Educational Officer to approve forthwith the appointment of S.Nirmala Rani as B.T.Assistant(English ) w.e.f the date of her appointment viz., 01.04.2016 with all attendant benefits including the arrears of salary and allowance.
Mr.K.Ragatheesh Kumar for M/s.T.Cibi Chakraborthy For Respondents :
Mr.A.K.Baskarapandian, Special Govt Pleader.
***** COMMON ORDER These Writ Petitions have been filed to quash the impugned proceedings of the fourth respondent as mentioned above and to approve the appointment of the Petitioners in their respective posts from the date of their appointment, with all attendant benefits including salary and other allowances. 2.Mr.A.K.Baskara pandian, learned Special Government Pleader takes notice for the respondents. By consent of both parties, the
Writ Petition itself is taken up for final disposal at the admission stage itself.
3.When the above Writ Petitions are taken up for hearing, the learned counsel for the Petitioners submitted that the relief sought for in these Writ Petitions is covered by the judgement of the Division Bench of this Court in W.P.Nos.14072 of 2015 and batch, dated 22.09.2016.
4.Following the same, these Writ Petitions are allowed and the orders impugned herein are set aside and the respondents are directed to release the salary of the Petitioners/Teachers and also to pay the arrears of salary within a period of two months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar vsn To:
1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St.George, Chennai - 600 009.
College Road, Chennai - 600 009.
3.The Chief Educational Officer, Trichy, Trichy District. Trichy, Trichy District.
5.The Chief Educational Officer, Sivagangai,Sivagangai District.
6.The District Educational Officer, Devakkottai, Sivagangai District.
+2CC to Mr.T.Cibi Chakrabarthy, Advocate Sr.No.10308, 10310 +1CC to Spl.Government Pleader Sr.No.10513 GJM/BS/SAR-I-7.3.17-3p-10C W.P.(MD) Nos.3182 and 3183 of 2017 and W.M.P(MD)Nos.2531 to 2533 of 2017 22.02.2017