← Library
Madras High CourtWMP(MD)/19292/2023allowed

The Director Of Elementary v. C.Rohini,

2023-09-22Honourable Mr. Justice Battu Devanand4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Twenty Second day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice BATTU DEVANAND WMP(MD) No.19292 of 2023 IN WP(MD)No.7788 of 2019 1 THE DIRECTOR OF ELEMENTARY EDUCATION, CHENNAI-6 2 THE CHIEF EDUCATIONAL OFFICER, TIRUNELVELI.

3 THE DISTRICT EDUCATIONAL OFFICER, TIRUNELVLI 4 THE BLOCK EDUCATIONAL OFFICER, PALAYAMKOTTAI RURAL, TIRUNELVELI ... PETITIONERS/RESPONDENTS 1 TO 4 Vs 1 C.ROHINI, ... 1st RESPONDENT/WRIT PETITIONER 2 THIRU.T.K.M.KAILASAM PILLAI MIDDLE SCHOOL, REP.BY ITS SECRETARY, THATCHANALLUR, TIRUNELVELI DISTRICT.

... 2nd RESPONDENT/5th RESPONDENT Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant leave to the petitioners to file counter affidavit in the writ petition in WP(MD). No.7788 of 2019.

Prayer in WP(MD). 7788/ 2019 :

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 order passed by the 3rd respondent in his proceedings in Na.Ka.No.702/A4/2018 dated 15/11/2018 and quash the same and direct the respondents to approve the appointment of the petitioner as Secondary Grade Teacher with effect from 01/06/2012 with consequential benefits.

ORDER : This Writ Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.NIRMAL KUMAR, GOVERNMENT ADVOCATE for the petitioner, the Court made the following order:- Heard.

2. For the reasons stated in the accompanying affidavit, in the considered opinion of this Court, the petition to grant leave to file counter affidavit has to be considered in the interest of justice.

3. Accordingly, this miscellaneous petition is allowed and counter affidavit is taken on file on condition that the petitioner shall pay the cost of Rs.10,000/- (Rupees Ten Thousands Only) to Madurai Bench of Madras High Court Advocates Welfare Fund Trust, A/c No.7087208431, Indian Bank, Madurai Bench of Madras High Court Branch, IFSC-IDIB000H040, within a period of two weeks and file a memo of cost before the Registry by the next date of hearing.

6. Post the main Writ Petition on 13.10.2023. sd/- 22/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO THE DIRECTOR OF ELEMENTARY EDUCATION, CHENNAI-6 THE CHIEF EDUCATIONAL OFFICER, TIRUNELVELI.

THE DISTRICT EDUCATIONAL OFFICER, TIRUNELVLI THE BLOCK EDUCATIONAL OFFICER, PALAYAMKOTTAI RURAL, TIRUNELVELI COPY TO:

THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE SECTION OFFICER, WRIT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE OFFICER INCHARGE, ADVOCATES WELFARE FUND TRUST MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN WMP(MD) No.19292 of 2023 IN WP(MD)No.7788 of 2019 Date :22/09/2023 SS/JGB/25/09/2023/4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023