1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU Writ Petition (MD)No.1483 of 2011 G.A.John Selvakumar ... Petitioner Vs. 1.The Director of School Education, D.P.I. Compound, College Road, Chennai. 2.The District Educational Officer, Tenkasi Educational District, Tenkasi. 3.The Manager, TDTA, Sec.&Higher Secondary School, SPI, School, Teacher Training Schools, CSI Diocese Office, Palayamkottai, Tirunelveli. 4.The Correspondent, Barenbruck Higher Secondary School, Bungalow Surandai, Tirunelveli District. 5.A.Anthony Savarimuthu ... Respondents (R-5 impleaded as per order dated 18.10.2011 made in M.P.No.3/2011) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 2nd respondent in Na.Ka.No.163/A2/2009, dated 05.07.2010 and quash the same as illegal and consequently direct the 1st and 2nd respondents to accept the petitioners appointment proposal dated 10.06.2008 and to grant all attendance and monetary benefits from the date of appointment. For Petitioner : Mr.M.Saravanakumar For Respondents 1&2: Mr.M.Govindan, Special Government Pleader. For Respondents3&4 : Mr.S.Meenakshisundaram For 5th Respondent : Mr.Veera.Kathiravan ORDER In this case, the petitioner challenged the order dated 05.07.2010 wherein the school management was informed that the approval for appointment to the post cannot be considered as already for the same post one A.Anthony Savarimuthu had also taken this claim and the writ petition is pending in W.P.(MD)No.8854 of 2008. https://hcservices.ecourts.gov.in/hcservices/ 2 2.On notice from this Court, the second respondent has filed a counter affidavit dated 12.03.2011. In the counter affidavit, it was stated that the previous incumbent has been filed a writ petition as his appointment was cancelled by the subsequent correspondent and the pendency of the writ petition, the present incumbent approval cannot be granted. 3.Such writ petition has been dismissed by this Court in W.P.(MD) No.8854 of 2008 today (18.10.2011) and the claim made by the said A.Anthony Savarimuthu was not accepted as he was illegally appointed by the manager who do not have the powers, there is no impediment for the respondents 1 and 2 for considering the case of the petitioner's appointment. 4.In view of the same, the writ petition stands disposed of with a direction to the first and second respondents to consider the case of the petitioner and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if any adverse order is passed, it is always open to the petitioner to challenge the same in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar(CS) To 1.The Director of School Education, D.P.I. Compound, College Road, Chennai. 2.The District Educational Officer, Tenkasi Educational District, Tenkasi. +1 CC to the Special Government Pleader, SR.No.36117 sms Writ Petition (MD)No.1483 of 2011 18.10.2011 TR : 08.11.2011 : 2p/4c https://hcservices.ecourts.gov.in/hcservices/