The Madras High Court dismissed the Writ Appeal filed against an interim order in a writ petition concerning a transfer and relieving order of an employee, preserving the petitioner's liberty to seek vacation of the stay.
Writ Appeal dismissed with liberty to approach the Single Judge for vacation of the ex parte interim stay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2016 CORAM : THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO and
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
Writ Appeal (MD) No.954 of 2016 & C.M.P(MD)No.5745 of 2016
1.Thoothukudi Nazareth Diocese Rep. By its Manager, High Schools/Higher Secondary Schools, Caldwell Higher Secondary School Campus, Beach Road, Thoothukudi – 1.
2.The Correspondent, St. Michaels' Higher Secondary School, Mudalur-628 702, Thoothukudi District. 3.Mr.I.Paul Asir, Correspondent, St. Michaels' Higher Secondary School, Mudalur-628 702, Thoothukudi District. ... Appellants/Respondents 3 to 5
-Vs-.
1.S.Merriton Zachariraj, P.G. Assistant (Chemistry), St. Michaels' Higher Secondary School, Mudalur – 628 702, Thoothukudi District ... 1st Respondent / Petitioner 2.The Chief Educational Officer, O/o Chief Educational Office, Devapuram Road, Thoothukudi.
3.The District Educational Officer, O/o The District Educational Office, Devapuram Road, Thoothukudi. ... Respondents 2&3 /Respondents 1 and 2
Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 06.06.2016 passed in W.M.P.No.7835 of 2016 https://hcservices.ecourts.gov.in/hcservices/ in W.P.(MD)No.9931 of 2016 on the file of this Hon'ble Court by allowing this appeal.
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Prayer in WMP(MD). 7835/ 2016 :
To grant an order of Ad-Interim stay of all further proceedings in pursuant to the impugned order of transfer passed by the 3rd Respondent in his proceedings No. NIL dated 31.05.2016 and the consequential relieving order passed by the 4th Respondent in his proceedings No. NIL dated 01.06.2016 pending disposal of the above WP.
Prayer in WP(MD). 9931/ 2016 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari to call for the records in pursuant to the impugned order of transfer passed by the 3rd Respondent in his proceedings No. NIL dated 31.05.2016 and the consequential relieving order passed by the 4th Respondent in his proceedings No.NIL dated 01.06.2016 and quash the both as illegal and ultravires.
For Appellants : Mr.T.A.Ebenezer For Respondents : Mr.VR.Shanmuganathan 2 and 3 Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by NOOTY.RAMAMOHANA RAO,J )
After generating considerable amount of debate at the bar, the learned counsel for the appellants seeks permission to withdraw the Writ Appeal with liberty to approach the learned Single Judge seeking vacation of the ex parte interim order passed in the matter. Preserving the liberty, the Writ Appeal stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(T & P)
/True Copy/
Sub Assistant Registrar
To
1.The Chief Educational Officer, O/o The Chief Educational Officer, Devapuram Road, Thoothukudi.
Devapuram Road, Thoothukudi
+1cc to Spl.Government pleader Sr.No.30584
srm
AA/SKS-RR/24.06.2016/2p-4c
Writ Appeal (MD) No.954 of 2016 14.06.2016
1.Thoothukudi Nazareth Diocese Rep. By its Manager, High Schools/Higher Secondary Schools & The Correspondent, St. Michaels' Higher Secondary School, Mudalur &
1.S.Merriton Zachariraj & 2.The Chief Educational Officer, Thoothukudi & 3.The District Educational Officer, Thoothukudi
NOOTY.RAMAMOHANA RAO
S.S.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court