Dismissed

The Chairman v. a. Moses Mohanraj

Madras HC16 Aug 2023WA/680/2015

Case brief

AI extract

What is this about?

The High Court dismissed two writ appeals filed by the TELC and school management against orders transferring teachers. The Court held that since the 2015 academic year had concluded by the time the appeals were filed, the interim stay period expired, leaving no complaint for the original order allowing joins of duty only till

What did the court decide?

Writ Appeals and connected miscellaneous petitions disposed of; dismissed.

The Chairman Vs a. Moses Mohanraj — Education and Admissions | Madras HC (2023)

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W.A.Nos.680 and 709 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 16.08.2023

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CORAM :

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THE HONOURABLE MR. JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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W.A.Nos.680 and 709 of 2015 and M.P.Nos.1,1,2 and 3 of 2015

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W.A.No.680 of 2015

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1 The Chairman

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T.E.L.C. Education Board, Tranquebar House

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Trichy 620 001

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2 Mr.M.Natchatraraj

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Correspondent Telc Primary School 5 Jeya

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Nagar Selai Road Tiruvallur 602 001

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Appellants

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1 A. Moses Mohanraj Backiavan Illam No.39/471 Roja Street

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Poonga Nagar Tiruvallur District

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2 The District Elementary

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Educational Officer Kancheepuram District

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3 The Assistant Elementary Educational Officer Sri Perumbudur Range Kancheepuram District

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4 Mr.M.Powels

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Correspondent TELC Primary School Valarpuram Sriperumbudur Range Kancheepuram District

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5 Mrs.K.Lilly Roselin Thilagavathy Headmistress Karambakudi

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https://www.mhc.tn.gov.in/judis

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1/6

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W.A.Nos.680 and 709 of 2015

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Primary School Nilgiris District

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6 Mr.P.John William Sundar Headmaster Cherambadi Primary School Nilgiris District

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... Respondents

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Prayer in W.A.No.680 of 2015 : Writ Appeal under Clause 15 of the Letters Patent against the order dated 18.03.2015 in W.P.No.15600 of 2014.

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For Appellants : Mr.S.Nedunchezhian For Respondents : No appearance - for R1 Mr.K.V.Sajeev Kumar Special Government Pleader - for RR 2,3&4 R5 - Dismissed vide court order dated 23.12.2022. R6 - Served. No appearance

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W.A.No.709 of 2015

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1 The Tamil Evangelical Lutheran Church (TELC) Rep. By Its Secretary Tranquobar House Tiruchirapalli.

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2 The Chairman, Education Board Tamil Evangelical Lutheran Church Tranquobar House Tiruchirapalli-620 001.

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3 The Correspondent LMC Hr. Sec. School Sirkali 609101 Nagapattinam District.

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4 The Correspondent TELC Middle School, Aranthangi

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.... Appellants

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https://www.mhc.tn.gov.in/judis

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2/6

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W.A.Nos.680 and 709 of 2015

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1 I.Joshua Samuel

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Lmc Higher Secondary School Sirkali 609 110 Nagapattinam District

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2 The District Educational Officer Myladuthurai

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3 The District Elementary Educational Officer Aranthangi

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4 The Chief Education Officer Nagapattinam

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5 S.David Anugraharaj Telc Middle School Aranthangi

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.... Respondents

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Prayer in W.A.No.709 of 2015 : Writ Appeal under Clause 15 of the Letters Patent against the order in W.P.No.15919 of 2014 dated 18.03.2015.

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For Appellants : Mr.S.Nedunchezhian For Respondents : Ms.L.R.Rase Radhi Jijo for Mr.E.Martin Jayakumar - for R1 Mr.K.V.Sajeev Kumar Special Government Pleader - for RR 2 &3 RR 4 and 5 - Dismissed vide court order dated 23.12.2022.

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C O M M O N J U D G M E N T

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(Judgment of the Court was delivered by R.SURESH KUMAR, J.)

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Since both the writ appeals arise out of the common order passed in W.P.No.15600 of 2014 and W.P.No.15919 of 2014 along with other two connected writ petitions by an order dated 18.03.2015 by the Writ Court, with the consent of the learned counsel for both sides, both these writ appeals were heard together and disposed of by this common judgment.

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W.A.Nos.680 and 709 of 2015

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The private respondents were the teachers working under the appellant Management. By virtue of the transfer order dated 23.05.2014 these teachers were transferred to some other school under the same management. Challenging the same, writ petitions were filed. During the pendency of the writ petitions, interim order of stay was granted and when these writ petitions were taken up for final hearing on 18.03.2015, having taken note of the fact that the only a limited period of academic year 2014-15 was there and therefore considering the same, the learned Judge ultimately has passed the following order:

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" 14. This Court granted interim stay of operation of the impugned orders of transfer. The interim orders are still in operation. Since

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the academic year 2014-15 is in the advanced stage, I am of the view that the petitioners should be permitted to continue in their present school till the end of this academic year. The petitioners are given time till 31 May 2015 to join duty pursuant to the orders of transfer."

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Therefore, the teachers were permitted to be retained in the school from where they have been transferred only till the end of the academic year ie., 31.05.2015 alone. As against which, even though appeals were filed immediately in the year 2015, during the pendency of the writ appeals, the academic year 2015 was

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W.A.Nos.680 and 709 of 2015

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over by 31.05.2015, till such date the time that was given, was already over. When

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that being so, nothing survives in these writ appeals. Hence, these writ appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.

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(R.S.K.,J..) (K.B.,J.) 16.08.2023

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Index : Yes/No Internet : Yes/No KST

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1 The District Elementary Educational Officer Kancheepuram District

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2 The Assistant Elementary Educational Officer Sri Perumbudur Range Kancheepuram District.

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3 The District Educational Officer Myladuthurai

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4 The District Elementary Educational Officer Aranthangi

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5 The Chief Education Officer Nagapattinam

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https://www.mhc.tn.gov.in/judis

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W.A.Nos.680 and 709 of 2015

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R.SURESH KUMAR, J. and K.KUMARESH BABU, J.

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KST

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W.A.Nos. 680 and 709 of 2015

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16.08.2023

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https://www.mhc.tn.gov.in/judis

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The Chairman v. a. Moses Mohanraj

Case brief

What is this about?

What did the court decide?

The Chairman v. a. Moses Mohanraj

Case brief

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What did the court decide?

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