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Madras High CourtWMP(MD)/18159/2018allowed

S. Arul David Pratap Singh v. Secretary To Government

2018-11-20Honourable Mr Justice C. Saravanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Twentieth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.SARAVANAN WMP(MD) No.18159 of 2018 IN WP(MD) No.15745 of 2013 S. ARUL DAVID PRATAP SINGH ... PETITIONER/PETITIONER Vs 1 SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT, CHENNAI.

2 THE JOINT DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI -5.

3 DISTRICT ELEMENTARY EDUCATIONAL OFFICER, RAMNAD.

4 ASSISTANT DISTRICT ELEMENTARY EDUCATIONAL OFFICER, OFFAICE OF THE DISTRICT ELEMENTARY EDUCATION, BOGALUR UNION, RAMNAD DISTRICT.

... 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 144 days in filing the Restoration Petition in W.P(MD) No.15745 of 2013 which was dismissed on 7.3.2018 and thus render justice.

PRAYER IN WP(MD). 15745/ 2013 :

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 impugned order passed by the 4th respondent bearing A.Thi.Mu.No. 1165/A1/2012 dated 29/05/2012 and quash the same with the further direction directing the Respondents to refix petitioner pay and pension in the light of M.S.No. 118 dated 30/05/2007 and pass such or other further order as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.PORKODI KARNAN, Advocate for M/S.POLAX LEGAL SOLUTIONS, Advocate for the petitioner, the court made the https://hcservices.ecourts.gov.in/hcservices/

following order:- Petition has been filed to condone the delay of 144 days in filing the restoration petition in WP(MD) No. 15745/2013 dismissed on 07.03.2018.

It has been averred that there was a mistake in the computer web list and therefore the case went un notice and therefore, the delay in filing the present petition.

The learned Additional Government Pleader has no serious objection.

According this petition stands allowed.

Post the main WP on 22.11.2018 for disposal.

sd/- 20/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 SECRETARY TO GOVERNMENT SCHOOL EDUCATION DEPARTMENT, CHENNAI.

2 THE JOINT DIRECTOR OF SCHOOL EDUCATION, COLLEGE ROAD, CHENNAI -5.

3 DISTRICT ELEMENTARY EDUCATIONAL OFFICER, RAMNAD.

4 ASSISTANT DISTRICT ELEMENTARY EDUCATIONAL OFFICER, OFFAICE OF THE DISTRICT ELEMENTARY EDUCATION, BOGALUR UNION, RAMNAD DISTRICT.

ORDER

IN WMP(MD) No.18159 of 2018 IN WP(MD) No.15745 of 2013 Date :20/11/2018 https://hcservices.ecourts.gov.in/hcservices/ MSI/PN/SAR-IV/28.11.2018-2P/5C