1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 13..06..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Appeal (MD)No.520 of 2011 and M.P(MD)No.1 of 2011 A. Amalorpavam, W/o. S. Antony, 4/101 B, Amalagam, Dr. Radhakrishnan Street, L.G.Nager Flour Mill, Nagamalai, Madurai - 625 019. ..... Appellant/Appellant - Vs - 1. Director of School Education, Chennai - 6. 2. Chief Educational Officer, Madurai - 2. 3. District Educational Officer, Madurai -2. 4. Correspondent, Sirumalar Girls Higher Secondary School, Nagamalai, Madurai - 625 019. ...Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 21.04.2011 passed in W.P.(MD) No.6272 of 2010. WP(MD)No.6272 of 2010:- Prayer: Petition under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus to direct the respondents not to act upon the post dated letter of resignation as 31.05.2010 given by the petitioner and relieve her from the post of P.G.Assistant Commerce in the fourth respondent school and direct the Management to allow the petitioner to continue as P.G.Assistant Commerce. For Appellant :: Mr. V. Panneerselvam - - - - - - - J U D G M E N T (Judgment of the Court was delivered by K. SUGUNA, J.) This Writ Appeal is directed against the order of learned Single Judge dated 21.04.2011 passed in W.P.(MD)No.6272 of 2010. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The said writ petition has been filed for issuance of a Writ of Mandamus to direct the respondents not to act upon the post dated letter of resignation as 31.05.2010 given by the petitioner and relieve her from the post of PG Assistant Commerce in the fourth respondent school and direct the Management to allow the petitioner to continue as PG Assistant Commerce. 3. However, the said writ petition has been closed by an order dated 21.04.2011 on the ground that according to the learned Senior Counsel appearing for the fourth respondent School, no such resignation letter was sent by the petitioner and hence, the question of acting upon the same does not arise. As against the said order, this writ appeal has been filed. 4. According to the learned counsel appearing for the appellant, though such a submission was made by the learned Senior Counsel appearing for the fourth respondent School in the said writ petition, subsequent to the order dated 21.04.2011, the appellant herein was not permitted by the fourth respondent to join duty. Hence, she filed this writ appeal. 5. The cause of action for filing this writ appeal cannot be entertained for the reason that the cause of action does not have any relevance to the order passed in the writ petition. Consequently, this writ appeal cannot be entertained. However, the appellant herein is at liberty to move a writ petition. According to the learned counsel appearing for the appellant, the appellant herein had already filed a writ petition in W.P.(MD)No. 5757 of 2011 for the very same relief. 6. Recording the above said submissions of the learned counsel appearing for the appellant, this writ appeal is closed. However, there will be no order as to costs. Consequently, the connected M.P.(MD) No.1 of 2011 is closed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To: 1. The Director of School Education, Chennai - 6. 2. The Chief Educational Officer, Madurai - 2. 3. The District Educational Officer, Madurai -2. + 1 cc to The Special Government Pleader, SR No.18276 W.A.(MD)No.520 of 2011 and M.P.(MD)No.1 of 2011 13.06.2011 Dpn/- RJ/22.6.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/