The District Elementary Educational Officer v. C.Sakayakala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Seventh day of August Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN and The Hon`ble Mr.Justice R.SURESH KUMAR in WA(MD)SR.NO.78014 of 2019 1 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, RAMANATHAPURAM EDUCATION DISTRICT, RAMANATHAPURAM.
2 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, O/O. THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICE, KAMUTHI, RAMANATHAPURAM DISTRICT. ... PETITIONERS/APPELLANTS/ RESPONDENTS Vs 1 C.SAKAYA KALA ... 1st RESPONDENT/RESPONDENT/ PETITIONER 2 THE CORRESPONDENT, RC. PRIMARY SCHOOL, THIRUSILUVAIPURAM, PERUNALI, RAMANATHAPURAM DISTRICT. ... 2nd RESPONDENT/3rd RESPONDENT/ 3rd RESPONDENT 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 215 days in filing the writ appeal against the impugned order dated 07.03.2019 passed in WP(MD)No.6779 of 2018. PRAYER IN WA(MD)SR.NO.78014 of 2019:
To set aside the order dated 07.03.2019 passed in WP(MD)No.6779 of 2018 on the file of this Hon'ble Court and allow this writ appeal.
Prayer in WP(MD). 6779/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of 1/3
Mandamus, directing the 1st respondent to approve forthwith the appointment of the petitioner as Secondary Grade Teacher w.e.f., 21.06.2016 in 3rd respondent with all attendant benefits including arrears of salary and allowances.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mrs.S.SRIMATHY, Special Government Pleader for the petitioners, the court made the following order:- (Order of the Court was made by M.SATHYANARAYANAN,J.) Heard the submissions made by the learned Special Government Pleader appearing for the petitioners/appellants.
2. A perusal of the affidavit filed in support of this petition would disclose that the delay is administrative in nature.
3. This Court, taking into consideration the arguments advanced by the learned Special Government Pleader appearing for the petitioners/appellants and on going through the contents of the affidavit filed in support of this petition, is inclined to condone the delay by putting the petitioners on terms.
4. In result, this Civil Miscellaneous Petition is ordered and the petitioners/appellants are jointly directed to pay a sum of Rs.1,000/- (Rupees One Thousand only) to "The Madras High Court Madurai Bench Advocate Clerks Welfare Association, Madurai", within a period of one (1) week from today and shall file a memo to that effect through e-mail to the Registry.
5. The Registry, on receipt of such Memo, shall number the Writ Appeal, if the papers are otherwise in order and list the same for admission.
sd/- 27/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO 1 THE DISTRICT ELEMENTARY EDUCATIONAL OFFICER, RAMANATHAPURAM EDUCATION DISTRICT, RAMANATHAPURAM.
2 THE ADDITIONAL ASSISTANT ELEMENTARY EDUCATIONAL OFFICER, O/O. THE ASSISTANT ELEMENTARY EDUCATIONAL OFFICE, KAMUTHI, RAMANATHAPURAM DISTRICT.
COPY TO: THE OFFICER INCHARGE, THE MADRAS HIGH COURT MADURAI BENCH ADVOCATE CLERKS WELFARE ASSOCIATION, MADURAI
ORDER
IN in WA(MD)SR.NO.78014 of 2019 Date :27/08/2020 rmk AE/VR/SAR-III (03.09.2020) 3P 4C 3/3