The Madras High Court rejected the contention that interim orders justifying appointment, holding they are not a basis to allow main writ petitions. The appeals against orders approving appointments were partly allowed.
The impugned orders approving appointments were quashed; writ petitions remanded to the Single Bench for disposal.
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.
W.A(MD) Nos.703, 770 and 771 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.09.2020
CORAM
THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN and THE HON'BLE MR.JUSTICE P.RAJAMANICKAM
W.A(MD)Nos.703, 770 and 771 of 2020 and C.M.P(MD)Nos.4162, 4391 and 4392 of 2020
W.A(MD)No.703 of 2020:
1.The Secretary to Government, Education Department, State of Tamil Nadu,
St. George Fort, Chennai – 9.
4.The District Educational Officer,
... Appellants / Respondents 1 to 4
-Vs-
1.Jeyanthi Prema ... 1st Respondents/ Writ Petitioner
2.The Correspondent,
Mary Sargent Girls Higher Secondary School, Palayamkottaia, Tirunelveli District.
... 2nd respondent / 5th respondent
For Appellants : Mrs.S.Srimathy, Special Government Pleader For R-1 : Mr.S.Chellapandian
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent Act, against the order dated 22.10.2019 passed in W.P(MD)No.20761 of 2019.
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W.A(MD) Nos.703, 770 and 771 of 2020
Prayer in WP(MD). 20761 of 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court for issuance of writ of Certiorarified Mandamus Call for the records in respect of order passed by the 4th respondent in O.Mu.No.694/AA3/2019 dated 03.4.2019 and quash the same and consequently direct the 4th respondent to approve the appointment of petitioner as office Assistant at 5th respondent school and disburse all the service and monetary benefits from 3.1.2019 to the petitioner.
W.A(MD)Nos.770 and 771 of 2020:
1.The Chief Education Officer, Theni District.
2.The District Educational Officer, Uthamapalayam, Theni District.
... Appellants in W.A(MD)Nos.770 & 771 of 2020 / Respondents 1 & 2
vs.
Pachayappa High Schools, Rep. by its Secretary P.G.Lakshmivasan, Uppukottai, Bodinayakkanur Taluk, Theni District.
... Respondent in W.A(MD)Nos.770 & 771 of 2020 / writ petitioner
COMMON PRAYER IN W.A(MD)Nos.770 and 771 of 2020: Writ Appeals filed under Clause 15 of the Letters Patent Act, against the orders dated 20.11.2019 passed in W.P(MD)Nos.21121 and 21123 of 2019.
Prayer in WP(MD). 21121 of 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court for issuance of writ of Certiorarified Mandamus Calling for the records relating with the order of the 2nd respondent made in O.Mu.No.2585/A2/2019 dated 24.9.2019 and quash the same as it is arbitrary and illegal and in consequence to direct him/her to approve forthwith the appointment of one Chandrasekara Saraswathyraja as Record Clerk in the petitioner school with effect from 15.2.2018 with all attended benefits including the arrears of salary and allowance.
Prayer in WP(MD). 21123 of 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court for issuance of writ of https://hcservices.ecourts.gov.in/hcservices/ Certiorarified Mandamus Calling for the records relating with the
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W.A(MD) Nos.703, 770 and 771 of 2020
order of the 2nd respondent made in O.Mu.No.2583/A2/2019 dated 24.9.2019 and quash the same as it is arbitrary and illegal and in consequence to direct him/her to approve forthwith the appointment of one Tmt.Poun, as Sweeper in the petitioner school with effect from 15.2.2018 with all attended benefits including the arrears of salary and allowance.
For Respondent : Mr.R.Suriya Narayanan
COMMON JUDGMENT
[Judgment of the Court was delivered by M.SATHYANARAYANAN, J., ]
W.A(MD)No.703 of 2020:
The official respondents 1 to 4 in W.P(MD)No.20761 of 2019, are the appellants.
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W.A(MD) Nos.703, 770 and 771 of 2020
granted interim orders dated 14.06.2019, has allowed the writ petition and by making a challenge to the same, the present writ appeal is filed.
W.A(MD)No.770 of 2020:
W.A(MD)No.771 of 2020:
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W.A(MD) Nos.703, 770 and 771 of 2020
appellant / second respondent dated 25.02.2018, seeking approval, was not considered and therefore, the respondent / writ petitioner filed W.P(MD)No.6510 of 2018 for approving the appointment and this Court vide order dated 20.03.2019, had permitted the respondent / writ petitioner to submit a copy of the proposal to the second appellant / second respondent , with a further direction to pass appropriate orders and despite submission of the same, the said request for approval has been rejected erroneously by the second appellant / second respondent vide the impugned proceedings dated 24.09.2019 and by making a challenge to the same, the respondent / writ petitioner filed the writ petition.
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W.A(MD) Nos.703, 770 and 771 of 2020
Sd/-
Assistant Registrar(AD-II)
// True Copy //
pm
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.SPL GP ( SR-17150, 17158[F] dated 16/09/2020)
Judgment in W.A(MD)Nos.703, 770 & 771 of 2020 15.09.2020
al(CO) TR(30.09.2020) 6P 3C
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2 issues framed by the court
Whether the High Court can allow proceedings for appointment based solely on interim orders granting status quo
Whether the learned Single Bench should be directed to re-examine the merits of the appointment petitions
The Secretary to Government, Education Department, State of Tamil Nadu
Jeyanthi Prema
The Correspondent, Mary Sargent Girls Higher Secondary School, Palayamkottaia
The Chief Education Officer, Theni District
Pachayappa High Schools, Rep. by its Secretary P.G.Lakshmivasan
M.Sathyanarayanan
P.Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
