Dismissed

The State of Tamil Nadu, Rep.by its Secretary, v. R.Emerson Udaisingh

Madras HC15 Nov 2019WA(MD)/1222/2019

Case brief

AI extract

What is this about?

This writ appeal filed by the State against a Single Bench order approving a teacher's appointment was dismissed. The Court held there was no error in the lower order, relying on Carpenter Street Middle School case and a similar recent government appeal.

What did the court decide?

The writ appeal and the connected miscellaneous petition are dismissed.

The State of Tamil Nadu, Rep.by its Secretary, Vs… — Service and Employment | Madras HC (2019)

¶1

W.A.(MD)No.1222 of 2019

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED 15.11.2019 CORAM

¶4

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI

¶5

W.A.(MD)No.1222 of 2019 and CMP(MD)No.10511 of 2019 Agaisnt WP(MD).No.5401 of 2015

¶6

1.The State of Tamil Nadu, Rep.by its Secretary, Department of School Education, Fort St.George,

¶7

Chennai – 600 009.

¶8

2.The Director of School Education, College Road, Chennai – 600 006.

¶9

3.The Chief Educational Officer,

¶10

Tuticorin – 628 003,

¶11

Tuticorin District.

¶12

4.The District Educational Officer, Tuticorin at Pudukkottai, Tuticorin District.

¶13

... Appellants/Respondents

¶14

Vs.

¶15

R.Emerson Udaisingh Manager & Correspondent, C.M.High School, T.R.naidu Street, Tuticorin, Tuticorin District.

¶16

... Respondent/Petitioner

¶17

PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, against the order passed by this Court in W.P.(MD).No.5401 of 2019, dated 07.03.2019.

¶18

Prayer in WP(MD). 5401 of 2019 :

¶19

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of https://hcservices.ecourts.gov.in/hcservices/ Certiorarified Mandamus, calling for the records relating to the

¶20

1/3

¶21

W.A.(MD)No.1222 of 2019

¶22

impugned proceedings issued by the 4th respondent District Educational Officer in O.Mu.No. 6681/ Aa1/2018 dated 25.02.2019 quash the same and further direct the 3rd and 4th respondents to approve forthwith the appointment of Tmt.B.Antony Mercy Maria Hemi as BT Assistant(Science) in the petitioner school w.e.f., the date of her appointment viz., 02.07.2018, with all attendant benefits including the arrears of salary and allowance.

¶23

For Appellants : Ms.S.Srimathi Spl.Govt.Pleader

¶24

For Respondent : Mr.K.Ragatheesh Kumar For M/s.Isaac Chambers

¶25

JUDGMENT

¶26

[Judgment of the Court was delivered by T.S.SIVAGNANAM , J. ]

¶27

Heard Ms.S.Srimathi, learned Special Government Pleader for the appellants and Mr.K.Ragatheesh Kumar, learned counsel for the respondent.

¶28

This appeal by the State is directed against order passed by the learned Single Bench of this Court in W.P.(MD).No.5401 of 2019, dated 07.03.2019.

¶29

The respondent herein filed a writ petition praying for issuance of a Writ of Certiorarified Mandamus, to quash the order passed by the 4^th appellant / 4^th respondent, dated 25.02.2019 and to direct the appellants 3 and 4 to approve the appointment of one B.Antony Mercy Maria Hemi as B.T.Assistant in Science, with effect from the date of her appointment. The learned Single Bench allowed the Writ Petition by following the decision of this Court in Manager and Correspondent, Carpenter Street Middle School, Gopalsamy Street, Tuticorin, Tuticorin District – 628 001 Vs. The State of Tamil Nadu, rep.by its Secretary, Department of School Education, Fort St. George, Chennai – 600 009 [W.P(MD)No.12876 of 2017, decided on 12.07.2017] .

¶30

It is submitted by the learned counsel for the respondent / writ petitioner that the said order passed in Carpenter Street Middle School's case (cited supra) has been implemented and the appointment of the teacher concerned has been approved.

¶31

We have also considered a similar issue in W.A(MD)No.859 of 2019 filed by the Government, which was dismissed, by the Judgment dated 26.09.2019.

¶32

In the light of the above, we find no error in the order passed by the learned Single Bench. Accordingly, the Writ Appeal https://hcservices.ecourts.gov.in/hcservices/

¶33

2/3

¶34

W.A.(MD)No.1222 of 2019

¶35

stands dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

¶36

Sd/-

¶37

Assistant Registrar (CS-II) // True Copy //

¶38

Sub Assistant Registrar(CS)

¶39

MPK To 1.The Secretary, The State of Tamil Nadu, Department of School Education, Fort St.George, Chennai – 600 009. 2.The Director of School Education, College Road, Chennai – 600 006. 3.The Chief Educational Officer, Tuticorin – 628 003, Tuticorin District. 4.The District Educational Officer, Tuticorin at Pudukkottai, Tuticorin District.

¶40

+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-99113[F] dated 18/11/2019

¶41

W.A.(MD)No.1222 of 2019 15.11.2019

¶42

JMN(05.12.2019) 3P : 6C

¶43

https://hcservices.ecourts.gov.in/hcservices/

¶44

3/3