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Madras High CourtCMP(MD)/17417/2023allowed

The Director Of School Education v. Ramachandran

2024-03-15Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mr.Justice R.VIJAYAKUMAR C.M.P.(MD)No.17417 of 2023 in WA(MD)SR.No.92633 of 2023 1 THE DIRECTOR OF SCHOOL EDUCATION, DPI COMPOUND, COLLEGE ROAD, 2 THE CHIEF EDUCATIONAL OFFICER TENKASI DISTRICT, TENKASI.

3 THE DISTRICT EDUCATIONAL OFFICER, TENKASI DISTRICT, TENKASI.

... PETITIONERS/APPELLANTS Vs 1 RAMACHANDRAN 2 THE CORRESPONDENT ST.ANTONYS GIRLS HIGHTER SECONDARY SCHOOL, VEERAKERALAMPUTHUR, TENKASI.

... RESPONDENTS/RESPONDENTS 1/4

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 437 days in filing the above Writ Appeal filed as against the order passed in WP(MD) No.5921 of 2021 dated 02.09.2022 on the file of this Honourable Court. PRAYER IN WA(MD)SR.No.92633/2023:

Pleased to set aside the Order dated 02.09.2022 in WP(MD)No.5921 of 2021 on the file of this Hon'ble Court.

Prayer in WP(MD). 5921/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF CERTIORARIFIED MANDAMUS or any other writ, ordirection, in the nature of writ or call for the records in respect of order passed by 3rd respondent in O.Mu.No.1098/Aa1/2020 dated 04.09.2020 and quash the same and consequently direct the 2nd and 3rd Respondent to approve the appointment of the petitioner and disburse all the service and monetary benefits from the date of the appointment (ie.,03.06.2019) and pass such further of orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. 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 on behalf of the Petitioners and of Mr.T.PONRAMKUMAR, Advocate for the Respondents, 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 437 days in filing the W.A.SR. (MD)No.92633 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 reasons stated in the affidavit, we are inclined to 2/4

condone the delay on payment of cost. Therefore, the delay is condoned and this petition is allowed on payment of Rs.5000/- (Rupees Five Thousand Only) to the credit of the Environmental Fund Operated by Member Secretary, Tamil Nadu State Legal Services Authority [Account No.6656485009; IFSC Code: IDIB000H040, High Court Branch, Chennai] on or before 21.03.2024. 3.Post the matter on 22.03.2024 for reporting compliance. sd/- 15/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

YUVA TO 1 THE DIRECTOR OF SCHOOL EDUCATION, DPI COMPOUND, COLLEGE ROAD, 2 THE CHIEF EDUCATIONAL OFFICER TENKASI DISTRICT, TENKASI.

3 THE DISTRICT EDUCATIONAL OFFICER, TENKASI DISTRICT, TENKASI.

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COPY TO:

THE MEMBER SECRETARY, TAMIL NADU STATE LEGAL SERVICES AUTHORITY

ORDER

IN Date :15/03/2024 SA/VR/SAR. /19.03.2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4