S.MANIKUMAR, J.

Challenge in this writ petition, is to an order made in W.P(MD)No.18040 of 2014, dated 08.12.2014, by which, a learned single Judge, while setting aside the order passed by the Assistant Elementary Educational Officer, Paramakudi, Ramanathapuram District, the 3rd appellant herein, in Roc.No.1962/A3/2014 dated 29.09.2014 and the subsequent proceedings of the Director of Elementary Education, Chennai, the 1st appellant herein, in Roc.No.1962/A3/2014 dated 24.10.2014, directed the 1st appellant, to disburse the monthly salary of the petitioner from 11.06.2014 to 15.09.2014, and continuously thereafter.

2. Material on record discloses that the writ petitioner has been working as a Secondary Grade Teacher in Bharathiar Middle School, rep.by its Secretary and Correspondent, Paramakudi, Ramanathapuram District, the 2nd respondent herein, which is a recognised aided private school, governed by the provisions of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 and the Rules framed thereunder. Whileso, she applied for unearned leave, on private affairs from 11.06.2014 to 05.10.2014, for 117 days, to visit United States of America, to assist her daughter's delivery. The 2nd respondent school granted permission and intimated the leave sanctioned by them, to the Assistant Elementary Educational Officer, Paramakudi, Ramanathapuram District, the 3rd appellant herein. Before the expiry of the sanctioned leave period, the petitioner joined duty on 16.09.2014, by availing only 97 days leave. Joining report submitted to the 2nd respondent school, was also accepted by the school committee, but the salary from June 2014, onwards, was not paid to the petitioner. When the petitioner approached the Secretary and Correspondent of the 2nd respondent school, she was informed that the proposal for sanction of monthly grant/salary, had already been submitted to the Assistant Elementary Educational Officer, Paramakudi, Ramanathapuram District, the 3rd appellant herein, and there was no response. Therefore, the petitioner submitted a detailed representation, to the respondents on 16.10.2104, requesting them to sanction salary from the month of June 2014 onwards. As there was no response, she was constrained to file W.P.(MD)No.17748 of 2014, for a direction to disburse the salary from June 2014 onwards. However, when the writ petition came up for hearing, the learned Government Advocate for the official respondents, submitted that request of the petitioner, to sanction salary from the month of June 2014 onwards, had already been rejected by the proceedings of the Assistant Elementary Educational Officer, Paramakudi, Ramanathapuram District, the 3rd appellant herein in Roc.No.1962/A3/2014, dated 24.10.2014. Thus the said proceedings came to be challenged in W.P(MD)No.18040 of 2014.

3. In the subsequent writ petition 18040/14, a detailed counter affidavit has been filed by the Assistant Elementary Educational Officer, Paramakudi, Ramanathapuram District, the 3rd appellant herein, wherein, he has contended that the petitioner, working as a Secondary Grade Teacher in the 2nd respondent school, applied for unearned leave, from 11.06.2014 to 05.10.2014, for about 117 days, to visit United States of America. According to the official respondents, as per G.O.Ms.No.140, (Personnel and Administrative Reforms (A) Department, dated 21.11.2013, if any teacher, working in a non minority aided school, wants to go abroad, he/she has to obtain prior permission from the Director of Elementary Education, Chennai, the 1st appellant herein. That apart, for getting a passport, the teacher has to obtain a no objection certificate, from the appointing authority, namely, the Director of Elementary Education, Chennai, the st appellant herein. In the present case, the petitioner had applied no objection certificate, to the 1st appellant and that the same was also granted on 30.05.2014. Communication to that effect was received by the Assistant E