The Chief Educational Officer v. F. Joseph Kalaivani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mr.Justice R.VIJAYAKUMAR in WA(MD) SR No.84535 of 2023 1 THE CHIEF EDUCATIONAL OFFICER TIRUNELVELI DISTRICT.
2 THE DISTRICT EDUCATIONAL OFFICER, VALLIYUR, TIRUNELVELI DISTRICT.
... Petitioners / Appellants Vs 1 F. JOSEPH KALAIVANI 2 THE CORRESPONDENT, ST. MARYS HIGHER SECONDARY SCHOOL, TIRUNELVELI DISTRICT.
... Respondents / Respondents Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 404 days in filing the above Writ Appeal filed as against the order passed in W.P.(MD) No.15601 of 2022 dated 02.09.2022, on the fiile of this Honourable Court.
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Prayer in WA(MD) SR No.84535 of 2023:
To set aside the judgment dated 02.09.2022 in WP(MD) No.15601 of 2022 on the file of this Honourable Court.
Prayer in WP(MD). 15601/ 2022 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue of Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 1st respondent in his proceedings in Na.Ka.No.4405/A3/2020 dated 16.02.2021 and quash the same and consequently direct the respondents to approve the appointment of the petitioner as a B.T.Assistant (Maths) with effect from 20.06.2018 with all the consequential monetary benefits.
ORDER : This civil 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.D.SADIQ RAJA, Additional Government Pleader for the petitioners and of Mr.V.PANNEER SELVAM, on behalf of the Respondent No.1, the court made the following order:- (Order of the Court was made by D.KRISHNAKUMAR, J.) This petition is filed to condone the delay of 404 days in filing the W.A.SR. [MD]No.84535 of 2023.
2.We have gone through the reasons stated in the affidavit filed in support of this petition. Though normally we are not inclined to condone such inordinate delay, considering the reason that similar writ appeals have been filed and since the same are pending, we are inclined to condone the delay on payment of cost. Therefore, the delay is condoned and this petition is allowed on payment of Rs.2000/- (Rupees Two Thousand Only) to the credit of the Environmental Fund 2/4
Operated by Member Secretary, Tamil Nadu State Legal Services Authority [Account No.6656485009; IFSC Code: IDIB000H040, High Court Branch, Chennai] within a period of one [1] week from today.
3.Post the matter on 13.03.2024 for reporting compliance. sd/- 06/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MR To 1 THE CHIEF EDUCATIONAL OFFICER TIRUNELVELI DISTRICT.
2 THE DISTRICT EDUCATIONAL OFFICER, VALLIYUR, TIRUNELVELI DISTRICT.
COPY TO:
THE MEMBER SECRETARY, TAMIL NADU STATE LEGAL SERVICES AUTHORITY, MADRAS HIGH COURT, MADRAS.
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ORDER
IN in WA(MD) SR No.84535 of 2023 Date :06/03/2024 ED/ GS /SAR- (12/03/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4