Madras High CourtWA(MD)/908/2018disposed of

The Director Of Elementary v. G.Jeyaraj

2024-08-13Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 13/08/2024

CORAM

The Hon`ble Mr.Justice C.V.KARTHIKEYAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD WA(MD). No.908 of 2018 and WMP(MD) No.5850 of 2018 1.The Director of Elementary Education College Road, Chennai 600 006.

2.The District Elementary Educational Officer, Madurai, Madurai District 3.The Assistant Elementary Educational Officer, Thirumangalam Madurai District ... Appellants Vs 1.G.Jeyaraj 2.The Correspondent CSI Primary School Nadukottai Thirumangalam Union, Madurai District .

... Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 09.03.2018 in WP(MD) No.2475/2018. 1/5

For Appellants : M/s.M.Senthil Ayyanar Government Advocate For Respondents : Ms.M.Sudharani for R1 No appearance for R2

JUDGMENT

The writ appeal has been filed against the order dated 09.03.2018 in WP (MD) No.2475/2018 by which order the writ petition filed by the respondent was allowed by the learned Single Judge.

2. The writ petition has been filed in the nature of Certiorarified Mandamus seeking interference with an order dated 21.11.2007 in Na.Ka.No.2398/A3/2017 passed by the District Elementary Educational Officer, Madurai and to direct the said District Elementary Educational Officer to approve the appointment of the writ petitioner as Secondary Grade Teacher in the CSI primary school, Nadukottai, Thirumangalam, Madurai, which was impleaded as the 4th respondent, with effect from 08.02.2017 and disburse the grant-in-aid towards salary and other allowance.

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3. After the writ petition had been allowed, the writ appeal has been filed, but, however, in the interregnum period, the appellants have taken a decision to approve the appointment and approval order had also been passed. Subsequently, the first respondent/writ petitioner had also been promoted as Headmaster and we are informed that he is now working in CSI School at Sivagangai District.

4. In view of this particular fact, which had been informed by the learned Government Advocate, we note that the said order was passed by the appellant subject to the order in this present writ appeal.But since the learned single Judge had also observed that the writ petitioner had been appointed only in respect of sanctioned post with eligibility to hold that post, we hold that the approval granted is in conformity with the order of the learned single Judge. We record the approval and also the subsequent promotion of the first respondent/writ petitioner herein. 3/5

5. Accordingly, the writ appeal stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed. (C.V.K.,J.) (J.S.N.P,,J.) 13.08.2024 RR TO 1.The Director of Elementary Education College Road, Chennai 600 006.

2.The District Elementary Educational Officer, Madurai, Madurai District 3.The Assistant Elementary Educational Officer, Thirumangalam Madurai District 4/5

C.V.KARTHIKEYAN, J.

and J.SATHYA NARAYANA PRASAD, J.

RR WA.(MD)No.908 of 2018 13.08.2024 5/5