Suitable case dismissed against Appellants No.1 and No.2 for failure to file the requisite batta affidavit within the time granted by the Court, despite having been directed to do so.
Suitable case dismissed against Respondents No.1 and 2 due to non-compliance with court directions regarding the filing of the batta affidavit.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Thursday, the Eighth day of June Two Thousand and Seventeen
PRESENT
The Honble Mr.Justice T.S.SIVAGNANAM and The Honble Mr.Justice P.VELMURUGAN
CMP(MD) No.4574 of 2016
IN
WA(MD)SR.No.11369 of 2016
REP BY THE SECRETARY,
FORT ST.GEORGE, MADURAI-9.
THE OFFICE OF THE CHIEF EDUCATIONAL OFFICER,
MADURAI DISTRICT. ... PETITIONERS/APPELLANTS
1.Mrs.P.RUTH BOOMIGA MARY,
2.THE CORRESPONDENT, ST.JOSEPH'S GIRLS HIGHER SECONDARY SCHOOL, OLD KUYAVARPALAYAM,
MADURAI - 625 009. ... RESPONDENTS/RESPONDENTS
Prayer in CMP(MD) No.4574 of 2016 in WA(MD)SR.No.11369 of 2016:-
Petition filed under sectin 5 of Limitation Act, praying to condone the delay of 14 days in filing the appeal against the order dated 04.01.2016 in M.P.(MD)No.3 of 2015 in W.P.(MD)No.23555 of 2015.
Prayer in MP(MD). 3/ 2015 in WP(MD).23555/2015 :
To grant an order of interim direction to the respondents to pay salary to the petitioner, by according temporary approval to her appointment as B.T. Assistant (Science) in St. Joseph's Girls https://hcservices.ecourts.gov.in/hcservices/ Higher Secondary School, Old Kuyavarpalayam, Madurai District - 625 009, w.e.f 01.06.2015, pending disposal of the above Writ Petition.
Prayer in WP(MD). 23555/ 2015 :
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 impugned G.O.Ms.No.181, School Education (C2) Department, dated 15.11.2011, on the file of the 1st respondent and the consequential proceedings dated 31.08.2015, in O. Mu. No.3454/AA4/2015, on the file of the 4th respondent, and quash the same in respect of the petitioner, directing the respondents to approve the appointment of the petitioner Mrs.P.Ruth Boomiga Mary, as B.T.Assistant (Science) in St. Joseph's Girls Higher Secondary School, Old Kuyavarpalayam, Madurai District - 625 009, w.e.f 01.06.2015.
ORDER : This petition having been posted for orders on this day for not having represented the batta with petition alongwith affidavit in the presence of Mr.V.R.Shanmuganathan, Additional Government Pleader, for the petitioner and this Court having granted time till 22.06.2017 as condition precedent and the said Advocate not having complied with the said direction of this Court, it is ordered that this petition do stand dismissed against the Respondents No.1 and 2.
/ TRUE COPY /
TO
https://hcservices.ecourts.gov.in/hcservices/ AE/JC/SAR2/17.01.2018/2P/5C
ORDER
1 issue framed by the court
Whether to condone the delay in filing the successive appeal as per Section 5 of the Limitation Act. Whether to grant interim direction for payment of salary pending disposal of the main Writ Petition
GOVERNMENT OF TAMILNADU
SECRETARY, DEPARTMENT OF SCHOOL EDUCATION
DIRECTOR OF SCHOOL EDUCATION
CHIEF EDUCATIONAL OFFICER, MADURAI DISTRICT
DISTRICT EDUCATIONAL OFFICER, MADURAI DISTRICT
P.RUTH BOOMIGA MARY
T.S.SIVAGNANAM
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
