A writ petition filed to restrain termination of services was closed as infructuous because a previous Division Bench judgment had already regularized the petitioner's employment from 2003.
The writ petition is closed as having become infructuous.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH
W.P. No.2821 of 2003
R. Mary Stella Petitioner
vs.
1 The Director of School Education
High Schools
College Road
Chennai 600 006
2 The Chief Educational Officer
Nagercoil
Kanyakumari District
3 The District Educational Officer
Nagerocil
Kanyakumari District
4 The Correspondent
Mary Immaculate Girls' High School
Kanyakumari P.O. Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus forbearing respondents 1 to 4 from terminating the services of the petitioner.
For petitioner Mr. R. Antony Xavier
For RR 1 to 3 Mr. V. Jayaprakash Narayanan Special Government Pleader
For R4 Mr. A.R. Nixon ORDER
This writ petition has been filed seeking a writ of mandamus forbearing respondents 1 to 4 from terminating the services of the petitioner.
2 Heard the learned counsel for the parties.
3 It is the case of the petitioner that she was appointed as a probationary teacher in the fourth respondent school on 01.11.1995. But, unfortunately, her appointment was not cleared by the respondents 1 to 3 and hence, she was not paid salary, as the fourth respondent school is an aided school.
4 Mr. Jayaprakash Narayanan, learned Special Goernment Pleader submitted that the case of the petitioner is squarely covered by a Division Bench judgment of this Court in The State of Tamil Nadu, represented by its Secretary, Education Department, Fort St. George, Chennai - 9 and 2 others vs. Pallivasal Primary School represented by its Correspondent, Mudukulathur [2004 - 2- L.W. 591], pursuant to which, the petitioner was permitted to undergo training in Child Psychology for a month and thereafter, her services have been regularised with effect from the date of approval, i.e., from 2003.
In view of the above, nothing survives in this writ petition and accordingly, this writ petition is closed as having become infructuous.
1 issue framed by the court
Whether the writ petition survives given that the petitioner's services were previously regularised pursuant to a Division Bench judgment.
Colour shows how this judgement treated each authority
The State of Tamil Nadu vs. Pallivasal Primary SchoolReferred¶14
The State of Tamil Nadu vs. Pallivasal Primary School [2004 - 2- L.W. 591]
1 provisions across 1 enactments
R. Mary Stella
The Director of School Education
The Chief Educational Officer
The District Educational Officer
The Correspondent
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
