Petitioner challenged suspension and sought reinstatement. Court held that over five years lapsed, making the suspension order null and void, leading to dismissal of the petition.
Petition closed as cause does not exist after five years of lapse since suspension.
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.P.(MD)No.7590 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.7590 of 2015 and M.P(MD)Nos.1, 3 & 4 of 2015
A.Sunaikkili ... Petitioner
Vs.
1.The District Elementary Educational Officer,
Office of the District Elementary Educational Officer, Collectorate Campus,
Virudhunagar Town & District.
Virudhunagar District.
3.The Nadar Primary School, Zamin Kollankondan,
Rajapalayam Taluk,
Represented by the Secretary,
4.The School Committee,
Represented by its President, Nadar Primary School, Zamin Kollankondan
5.T.Vanarajan Secretary, Nadar Primary School Zamin Kollankondan ... Respondents
PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the 1st impugned proceeding passed by the 4th respondent, dated 19.04.2015 and the 2nd consequential order issued by the 5th respondent, dated 27.04.2015 and quash the same and direct the respondents to pay salary to the petitioner with arrears and accrued interest in the post of Headmaster with all increments and all eligible emoluments.
For Petitioner : Mr.N.Dilip Kumar For Respondents : Mrs.S.Srimathi (R1 and R2) Spl.Govt.Pleader
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W.P.(MD)No.7590 of 2015
For Respondents : Mr.M.Thirunavukkarasu (R3 to R5)
The order or suspension, dated 19.04.2015, is under challenge in the present Writ Petition.
Assistant Registrar(CS-II)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
MPK
To
1.The District Elementary Educational Officer, Office of the District Elementary Educational Officer, Collectorate Campus,
Virudhunagar Town & District.
2.The Additional Assistant Elementary Educational Officer, Rajapalayam, Virudhunagar District.
+1 CC to M/s.N. DILIP KUMAR, Advocate ( SR-22718[F] dated 24/11/2020 +1 CC to M/s.GP ( SR-23025[F] dated 26/11/2020 )
W.P.(MD)No.7590 of 2015 23.11.2020
SGS(CO) TR(03.12.2020) 2P 5C
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2 issues framed by the court
Whether proceedings for seeking issuance of writ of certiorari/mandamus lie open after eight years of suspension.
Whether to quash the suspension order and direct reinstatement/award of arrears.
1 provisions across 1 enactments
A.Sunaikkili
District Elementary Educational Officer, Virudhunagar
The Nadar Primary School, Zamin Kollankondan
The School Committee
T.Vanarajan
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
