Miscellaneous petitions to substitute the school secretary in the cause title were allowed with an exception for one petition withdrawn by the petitioner's counsel.
Allowed WMP(MD) Nos. 17896 and 17897 of 2018; Dismissed WMP(MD) No. 17895 of 2018 as withdrawn.
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 ( Special Original Jurisdiction )
Wednesday, the Tenth day of October Two Thousand Eighteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
WMP(MD) Nos.17895 to 17897 of 2018 IN WP(MD) No.3856 of 2011, 9574 of 2010 and 15206 of 2011
RAYAGIRI THIRU C.P.ATHIHANAR GIRLS HIGH SCHOOL, REPRESENTED BY ITS SECRETARY,
N. SELVARAJ ... PETITIONER/THIRD RESPONDENT IN WMP(MD)Nos.17895,1796/2018 IN WP(MD)Nos.3856/2011 & 9574/2010
... PETITIONER/PETITIONER IN WMP(MD)No.17897/2018 IN WP(MD)No.15206/2011
Vs
1 C. JAYA ... FIRST RESPONDENT/PETITIONER IN WMP(MD)No.17895/2018 IN WP(MD)No.3856/2011
TIRUNELVELI DISTRICT. ... RESPONDENTS 2 & 3/RESPONDENTS IN WMP(MD)No.17895/2018 IN WP(MD)No.3856/2011
TIRUNELVELI DISTRICT.
3 C.JAYA ... RESPONDENTS/RESPONDENTS IN WMP(MD)Nos.17896,17897/2018 https://hcservices.ecourts.gov.in/hcservices/ IN WP(MD)Nos.9574/2010 & 15206/2011
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COMMON PRAYER IN WMP(MD) Nos.17895 to 17897 of 2018 IN
WP(MD) No.3856 of 2011, 9574 of 2010 and 15206 of 2011:
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order substituting the name of Sangu Nadar, son of Chinna Madasamy in the place of erstwhile secretary of the school, N.Selvaraj in the cause title of the writ petition respectively.
Prayer in WP(MD).3856/2011 :
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 relating to the order passed by the 1st respondent in Na.Ka.No. 5847/AA 2/2010 dated 21/06/2010 and quash the same, as far as it denies the salary from 23/12/2003 to till dated is concerned, and direct the respondents to confer all the consequential benefits .
Prayer in WP(MD).9574/2010 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF CERTIORARI, calling for the records of the 1st Respondent issued in his proceedings Na.Ka.No.5847/B2/2010 dated 21-0-2010 and quash the same.
Prayer in WP(MD).15206/2011 :
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 on the file of the 1st respondent in Na.Ka.No.5847/ Aa 3/2011 dated 11.10.2011 and quash the same as illegal, invalid, contrary to law laid down by this Honourable Court and has violated the principles of natural justice.
ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.T.R.JEYAPALAM, Advocate for the petitioner in all the petitions, the court made the following order:-
These miscellaneous petitions have been filed by the petitioner / School in order to substitute the present Secretary of the School in the place of erstwhile Secretary. When these petitions came up for hearing on 01.10.2018, the respondents have raised no objection for allowing these petitions and hence, this Court has allowed these petitions by way of a common order, dated 01.10.2018. Subsequently, it is brought to the notice of this Court that in the writ petition in W.P.(MD).No.3856 of 2011, the name of the Secretary of the petitioner / school is not mentioned and therefore, W.M.P.(MD). https://hcservices.ecourts.gov.in/hcservices/ No.17895 of 2018 ought not to have been filed and numbered. Hence, this Court directed to list this matter today under the caption “for clarification”.
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sd/-
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
Madurai - 625 023.
TO
ORDER IN
WMP(MD) Nos.17895 to 17897 of 2018 IN WP(MD) No.3856 of 2011, 9574 of 2010
and 15206 of 2011
Date :10/10/2018
PK/JC/SAR-2/24.10.2018 : 3P/3C
RAYAGIRI THIRU C.P.ATHIHANAR GIRLS HIGH SCHOOL
C. JAYA
THE CHIEF EDUCATIONAL OFFICER, TIRUNELVELI DISTRICT
THE DISTRICT EDUCATIONAL OFFICER, TENKASI, TIRUNELVELI DISTRICT
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
