1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12390 of 2011 and M.P.(MD) No.1 of 2011 K.Karuppasamy : Petitioner Vs. 1.The Secretary, K.Nataraja Pillai Memorial Madurai Pillaimar Sangam Higher Secondary School, Sammattipuram, Madurai - 625 010. 2.The District Educational Officer, Madurai. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus call for the records relating to the impugned order of the first respondent dated 10.10.2011 and quash the same and direct the respondent to employ the petitioner on re-employment terms till the end of the academic year on 31.05.2012 and pay the petitioner the salary payable to the post of re-employment terms and granting such other and further relief as this Hon'ble Court deems fit and proper in the circumstances of the case. For Petitioner : Mr.K.Vellaiswamy For Respondent 2 : Mrs.S.Bharathi, Government Advocate ORDER The present writ petition has been filed seeking for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order of the first respondent/the Secretary, K.Nataraja Pillai Memorial Madurai Pillaimar Sangam Higher Secondary School, Sammattipuram, Madurai, dated 10.10.2011 in and by which the petitioner's request of re-employment was rejected and quash the same and direct the respondent to employ the petitioner on re-employment terms till the end of the academic year on 31.05.2012 and pay the petitioner the salary payable to the post of re-employment terms. 2. When the petition in M.P.(MD) No.1 of 2011 in W.P.(MD) No.11795 of 2011 was taken up on 13.10.2011, after hearing the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the second respondent, this Court has passed the following order: "Mrs.S.Bharathi, learned Government Advocate takes notice for R2. Notice to the first respondent returnable in two weeks. The petitioner will be allowed to continue in service till further orders. Post the matter after two weeks for filing counter." https://hcservices.ecourts.gov.in/hcservices/ 2 3. Thereafter, the main writ petition was taken up for hearing on 31.10.2011 and after hearing both sides, this Court allowed the main writ petition. As a result, a direction was given to the respondents to permit the petitioner to re-employ till the completion of the academic year, namely, till 31.05.2012. When the matter stands as above, the learned Counsel appearing for the petitioner wants to make one issue very clear that even though this Court has passed an order on 13.10.2011 in M.P.(MD) No.1 of 2011 in W.P.(MD) No.11795 of 2011 directing the first respondent to allow the petitioner to continue his service till further orders, the first respondent, by an ante-dated order passed on 10.10.2011 which was served upon the petitioner on 28.10.2011, had rejected the petitioner's request of re-employment. Therefore, the petitioner was compelled to challenge the said order dated 10.10.2011 by filing this writ petition. 4. In view of the above, the order dated 13.10.2011 directing the first respondent to permit the petitioner to continue in service till further orders, needs to be clarified. Though the order, dated 13.10.2011, giving direction to the first respondent to permit the petitioner to continue his service has become infructuous in view of the alleged ante-dated order passed by the first respondent management on 10.10.2011 rejecting the petitioner's request for re-employment, the main writ petition in W.P.(MD) No.11795 of 2011 has already been allowed by this Court by order dated 31.10.2011 in his favour. In view of the above, this writ petition is allowed and the impugned order dated 10.10.2011 passed by the first respondent is set aside. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The District Educational Officer,Madurai. 2.The Secretary, K.Nataraja Pillai Memorial Madurai Pillaimar Sangam Higher Secondary School, Sammattipuram, Madurai - 625 010. +1cc to the Special Govt.Pleader, Sr.No. 37585 srm ssk/02.11.2011 /4c -2p/- Order made in W.P.(MD).No.12390 of 2011 Dated:- 01.11.2011 https://hcservices.ecourts.gov.in/hcservices/