The Madurai Bench quashed an ad-interim direction granting salary for a teacher prayed for in a writ petition, held that it was passed without notice to respondents violating natural justice, and remitted the matter for final disposal.
Order dated 28.03.2018 in W.P.(MD).No.4336 of 2018 set aside; remitted for final hearing.
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W.A.(MD).No.577 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2020
CORAM :
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
and THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM W.A.(MD).No.577 of 2020 and C.M.P.(MD).No.3839 of 2020
1.The Chief Educational Officer, Thanjavur.
2.The District Educational Officer, Thanjavur. ... Appellants/Respondents Vs.
The Correspondent, Sacred Heart Girls' Higher Secondary School, Thanjavur, Thanjavur District.
... Respondent/Writ Petitioner
Prayer: The Writ Appeal is filed under Clause 15 of Letters Patent against the order passed by this Court in W.P.(MD).No.4336 of 2018, dated 28.03.2018.
Prayer in WP(MD). 4336/ 2018 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue Writ of Mandamus directing the 2nd respondent District Educational Officer to approve forthwith the appointment of S.Jacquline as PG Assistant English in the petitioner s school w.e.f. ()01.06.2016 and disburse the grantin-aid towards her salary and allowance w.e.f. the said date. () Prayer amended vide Court Order dt.28/03/18 in WMP(MD)No.6273/18)
For Appellants : Mrs.S.Srimathay, Special Government Pleader For Respondent : Mr.K.Ragatheesh Kumar for M/s. Isaac Chambers
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W.A.(MD).No.577 of 2020
J U D G M E N T
(Judgment of the Court was delivered by M.SATHYANARAYANAN,J. )
The official respondents are the appellants and challenging the order of interim direction dated 28.03.2018 made in the main writ petition itself, the present writ appeal is filed.
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W.A.(MD).No.577 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.
Copy to
The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-14548[F] dated 20/08/2020 )
+1 CC to SGP ( SR-14499[F] dated 20/08/2020 )
W.A.(MD).No.577 of 2020 and C.M.P.(MD).No.3839 of 2020 19.08.2020
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1 issue framed by the court
Whether the single judge warrants interference when granting ad-interim direction for salary payment without putting respondents on notice.
Chief Educational Officer, Thanjavur
District Educational Officer, Thanjavur
Correspondent, Sacred Heart Girls' Higher Secondary School, Thanjavur
M.SATHYANARAYANAN
P.RAJAMANICKAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
