Partly allowed

The State of Tamil Nadu v. the Correspondent

Madras HC21 Sept 2020CMP(MD)/4213/2020

Case brief

AI extract

What is this about?

The Madras High Court allowed a Civil Miscellaneous Petition seeking condonation of extraordinary delay of 376 days in filing a Writ Appeal. The appellants were placed on terms to pay a penalty and file a memo for regularization.

What did the court decide?

Delay of 376 days condoned on condition of payment of Rs. 5,000/- to Vidivelli Rural Development Society and filing a Memo.

The State of Tamil Nadu Vs the Correspondent — Service and Employment | Madras HC (2020)

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CMP(MD) No.4213 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Monday, the Twenty First day of September Two Thousand Twenty

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PRESENT

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The Hon`ble Mr.Justice M.SATHYANARAYANAN

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and

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The Hon`ble Mr.Justice P.RAJAMANICKAM

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CMP(MD) No.4213 of 2020

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in W.A.(MD)SR No.29705 of 2020

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1 THE STATE OF TAMIL NADU REP. BY ITS SECRETARY, DEPARTMENT OF SCHOOL EDUCATION, FORT.ST.GEORGE, CHENNAI.

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2 THE DIRECTOR OF SCHOOL EDUCATION, SCHOOL EDUCATION DEPARTMENT, COLLEGE ROAD, CHENNAI - 600 006.

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3 THE JOINT DIRECTOR (VOCATIONAL), COLLEGE ROAD, CHENNAI - 600 006.

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4 THE CHIEF EDUCATIONAL OFFICER,

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TRICHY, TRICHY DISTRICT.

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5 THE DISTRICT EDUCATIONAL OFFICER,

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TRICHY, TRICHY DISTRICT. ... PETITIONERS/APPELLANTS

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THE CORRESPONDENT, ST.ANNE’s GIRLS HIGHER SECONDARY SCHOOL, MELAPUDUR-620 001,

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TRICHY DISTRICT. ... RESPONDENT/ RESPONDENT

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 376 days in filing Writ Appeal against the order dated 23.04.2019 in W.P.(MD). No. 7658 of 2017.

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PRAYER IN W.A.(MD)SR No.29705 of 2020:

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To set aside the order dated 23.04.2019 in W.P.(MD). No. 7658 of 2017 and allow the Writ Appeal.

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Prayer in WP(MD). 7658/ 2017 :

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Writ Petition is filed under Article 226 of the Constitution of https://hcservices.ecourts.gov.in/hcservices/ India, praying this Court To issue a writ of Certiorarified Mandamus

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CMP(MD) No.4213 of 2020

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calling for the records relating to the impugned proceedings issued by the 5th respondent District Educational Officer in A.Thi.Mu.No. 7688/A1/2015 dated 30.12.2015 refusing approval to the appointment of Tmt. A. Celin Mary as Vocational Instructor, quash the same and further direct respondents herein to approve forthwith the appointment of Tmt. A.Celin Mary as Vocational Instructor w.e.f. the date of her appointment viz., 01.12.2015 with salary and all attendant benefits.

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ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MRS.S.SRIMATHY, Special Government Pleader for the petitioners and of MR.J.SHABU JOSE, Advocate for M/S.ISAAC CHAMBERS on behalf of the Respondent, the court made the following order:-

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(Order of the Court was made by M.SATHYANARAYANAN,J. )

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Heard the submissions of Mrs.S.Srimathy, learned Special Government Pleader appearing for the appellants/respondents and Mr.J.Shabu Jose, for M/s.Isaac Chambers, learned Counsel appearing for the respondent.

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Though this petition is strongly opposed by the respondent by submitting that in the absence of any tenable explanation, delay of one year cannot be condoned, this Court upon hearing the rival submissions and on going through the affidavit filed in support of this petition, especially, paragraph No.8, is inclined to allow this petition by putting the petitioners on terms.

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In the result, this Civil Miscellaneous Petition is ordered and the delay is condoned on condition that the petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only), to "Vidivelli Rural Development Society", Mettukkadai, Kovilpatty (Post), Manaparai Taluk, Tiruchirappalli District - 621305, within a period of three weeks from today and also file a Memo to that effect. On such filing of the Memo, if the papers are otherwise in order, the Registry shall number this appeal and list if for admission.

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Print the name of Mr.J.Shabu Jose, for M/s.Isaac Chambers, learned Counsel appearing for the respondent.

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sd/-

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21/09/2020

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/ TRUE COPY / / /2020

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

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CMP(MD) No.4213 of 2020

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1 THE SECRETARY, STATE OF TAMIL NADU DEPARTMENT OF SCHOOL EDUCATION, FORT.ST.GEORGE, CHENNAI.

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2 THE DIRECTOR OF SCHOOL EDUCATION, SCHOOL EDUCATION DEPARTMENT, COLLEGE ROAD, CHENNAI - 600 006.

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3 THE JOINT DIRECTOR (VOCATIONAL), COLLEGE ROAD, CHENNAI - 600 006.

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4 THE CHIEF EDUCATIONAL OFFICER, TRICHY, TRICHY DISTRICT.

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5 THE DISTRICT EDUCATIONAL OFFICER, TRICHY, TRICHY DISTRICT.

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COPY TO: THE OFFICER INCHARGE, VIDIVELLI RURAL DEVELOPMENT SOCIETY, METTUKKADAI, KOVILPATTY (POST), MANAPARAI TALUK, TIRUCHIRAPPALLI DISTRICT-621305.

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ORDER

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IN CMP(MD) No.4213 of 2020 in W.A.(MD)SR No.29705 of 2020 Date :21/09/2020

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pkn

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JM/PN/SAR II/24.09.2020/3P/7C

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

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The State of Tamil Nadu v. the Correspondent

Case brief

What is this about?

What did the court decide?

The State of Tamil Nadu v. the Correspondent

Case brief

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