The Court disposed of a writ petition challenging a Government Order regarding filling vacant non-teaching staff positions by discretionary transfer. Upholding the validity of the impugned order, the Court held that appointments made after the order are subject to it, while prior ones are considered on merits without reference to the order.
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.106 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 03.11.2022
DELIVERED ON : 08.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.106 of 2020 and
W.M.P(MD)Nos.59 & 60 of 2020
The Secretary, Thirumurugan High School, Valliammalpuram, South Madathoor Post – 627 423, Tirunelveli District. ... Petitioner
Vs
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W.P(MD)No.106 of 2020
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the impugned Government Order under G.O.Ms.No.238, dated 13.11.2018 on the file of the first respondent pertaining to fill up the non-teaching staff vacancy by transfer of such non-teaching staff from and out of the surplus in the other aided private school and to quash the same as illegal as far as the petitioner school in concerned.
For Petitioner : Mr.K.R.Laxman
For Respondents : Mr.R.Baskaran Additional Advocate General Assisted by Mr.S.Shaji Bino Special Government Pleader
ORDER
Heard the learned counsel on either side.
2.The petitioner school challenges the validity of G.O.(Ms) No.238, School Education Department, dated 13.11.2018. Vide order dated 07.02.2023 made in W.P.(MD)No.13428 of 2020, I upheld the validity of G.O.(Ms) No. 238, dated 13.11.2018. I had also held that approval of appointments made prior to issuance of G.O.(Ms) No.238, dated 13.11.2018 will be considered on merits and in accordance with law without reference to the said Government Order. Any appointment made after issuance of G.O.(Ms) No.238, dated 13.11.2018 will be subject to the said Government Order.
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W.P(MD)No.106 of 2020
3.This writ petition is disposed of on the same lines. No costs.
Consequently, connected miscellaneous petitions are closed.
08.02.2023
Index : Yes / No Internet : Yes / No NCC : Yes / No MGA/SKM
To
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W.P(MD)No.106 of 2020
G.R.SWAMINATHAN, J.
MGA/SKM
Pre-delivery Order made in W.P(MD)No.106 of 2020
08.02.2023
The Secretary, Thirumurugan High School
The Secretary to Government, Education Department
The Director of School Education
The Chief Educational Officer
The District Educational Officer
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
