This writ appeal by a third party, filed over a decade ago, sought restoration of seniority for a teaching post. The Court noted the appeal had been pending since 2011 and the appellant could not serve the respondent or provide clear instructions regarding subsequent developments. The appeal stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2018
Coram
The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice KRISHNAN RAMASAMY
W.A.No.1007 of 2011 and M.P.No.1 of 2011
C.Maragathavalli
.. Appellant/Third Party
Vs
1.V.Jeyabharathi
2.The Director of Elementary
Education, Chennai - 6.
3.The District Elementary
Educational Officer,
Virudhunagar.
4.The Assistant Elementary
Educational Officer,
Rajapalayam,
Virudhunagar District. .. Respondents
Appeal preferred under Clause XV of Letters Patent against the order dated 18.10.2010 made in W.P.No.7315 of 2009.
W.P.No.7315 of 2009
Writ Petition filed under Article 226 of the Constitution of India Praying to issue a writ of certiorarified Mandamus or any other appropriate writ, to call for records in pursuance to the impugned order passed by the first respondent in Na.Ka.No.16170/D3/2007 dated 11.06.2007 and to quash the same and consequently direct the respondents torestore the seniority of the petitioner in the cadre of secondary grade teacher in the Rajapalayam Union without reference to the impugned order passed by the first respondent in Na.Ka.No.16170/D3/2007 dated 11.06.2007 and effect consequential promotion to the post of Elementary School Headmistress.
For Appellant .. Mr.C.Jagadish For Respondents .. Mr.Munusamy, Spl. Govt. Pleader for R2 to R4 R1 - No appearance
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This writ appeal is directed against the order dated 18.10.2010 made in W.P.No.7315 of 2009.
2.The appeal is pending from the year 2011 onwards. This appeal is filed by a third party aggrieved over the order of the learned single Judge. From the year 2011 onwards, the appellant could not serve the contesting respondent. This has already been recorded by this Court by order dated 07.04.2015. Unfortunately, the same position continues today. Learned counsel is also not able to get clear instructions about the subsequent development. Therefore, we are not inclined to keep the matter pending any longer. Accordingly, the writ appeal stands dismissed. However, liberty is given to the appellant to file appropriate petition for restoration, if so advised. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
mmi
To
1.The Director of Elementary
Education, Chennai - 6.
2.The District Elementary
Educational Officer,
Virudhunagar.
3.The Assistant Elementary
Educational Officer,
Rajapalayam,
Virudhunagar District.
+1cc to Mr.C.Jagadish, Advocate, S.R.No.78963
+1cc to the Government Pleader, S.R.No.79175
W.A.No.1007 of 2011 SJ(CO) GSP(10/12/2018)
1 issue framed by the court
Whether to admit a delayed appeal by a third party seeking restoration of seniority without clear recent developments.
C.Maragathavalli
V.Jeyabharathi
M.M.SUNDRESH
KRISHNAN RAMASAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
