The Madras High Court dismissed a writ appeal filed by State authorities against an order confirming a teacher's appointment with retroactive effect dating back to 2002.
Writ appeal dismissed; no costs; connected miscellaneous petition dismissed.
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]No.870 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2021 CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.A.[MD]No.870 of 2021
and C.M.P(MD)No.3888 of 2021
1.The Government of Tamil Nadu,
represented by its Principal Secretary,
Department of School Education
Fort St. George, Chennai.
2.The Director of School Education, E.V.K.Sampath Malligai, DPI Campus,
Chennai.
3.The District Elementary Educational Officer, Trichy.
4.The Assistant Elementary Educational Officer, Thiruverumbur, Trichy - 620 014.
... Appellants / Respondents 1 to 4
Vs.
1.A.Gnanaselvi,
Assistant Secondary Grade Teacher, BHEL Tamil Medium Middle School, Kailasapuram,
Trichy - 620 014. ...1st Respondent / Writ Petitioner
2.BHEL Tamil Medium Middle School, rep. by its Secretary, Kailasapuram, Trichy - 620 014. ... 2nd Respondent / 5th Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 01.12.2020 made in W.P.[MD] No.2075 of 2019 on the file of this Court.
Prayer in WP(MD)7407/2013:
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the third respondent in Manthanam Ko.No.1/Ma. Tho.Ka./2012, dated 30.11.2012, quash the same https://hcservices.ecourts.gov.in/hcservices/
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W.A.[MD]No.870 of 2021
and direct the respondents 2 and 3 to approve the appointment of the petitioner from the date of her appointment i.e. 27.03.2002.
For Appellants : Mrs.S.Srimathy,
Special Government Pleader For 1st Respondent : Mr.M.Saravanan
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mrs.S.Srimathy, learned Special Government Pleader appearing for the appellants and Mr.M.Saravanan learned Counsel appearing for the first respondent.
2.This writ appeal filed by the State 1 to 4 is directed against the order, dated 01.12.2020 passed in W.P.[MD]No.7407 of 2013.
3.We have perused the order impugned in the Writ Appeal and we fully subscribed to the view taken by the learned Single Bench that once approval is granted, it shall take back to the date, on which, the appointment was made. There are no grounds made out by the appellants to interfere with the impugned order.
Assistant Registrar (Records)
// True Copy //
RM
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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W.A.[MD]No.870 of 2021
1.The Government of Tamil Nadu, represented by its Principal Secretary, Department of School Education Fort St. George, Chennai. 2.The Director of School Education, E.V.K.Sampath Malligai, DPI Campus, Chennai. 3.The District Elementary Educational Officer, Trichy. 4.The Assistant Elementary Educational Officer, Thiruverumbur, Trichy - 620 014.
JUDGMENT MADE IN W.A.[MD]No.870 of 2021 22.04.2021
CN(19.05.2021) 3P 5C
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2 issues framed by the court
Whether the High Court erred in upholding the lower court's view that a confirmed appointment dates back to the initial appointment date.
Was the current writ appeal maintaining the previous order maintainable?
The Government of Tamil Nadu and others
A.Gnanaselvi
BHEL Tamil Medium Middle School
T.S.SIVAGNANAM
S.ANANTHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
