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R. SURESH KUMAR, K. KUMARESH BABU
K. Manoharan – Appellant
Versus
Union of India Rep. by the Chief Secretary to Government Government of Puducherry, Puducherry – Respondent
JUDGMENT
(Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records on the file of the 4th respondent relating to the order dated 14.12.2022 in Review Application No.2 of 2018 passed by the 4th respondent quash the same as illegal and consequently direct the 3rd respondent to appoint the petitioners as School Librarians with effect from 22.11.2010 with all consequential benefits including seniority, arrears of salary and all other attendant benefits.)
R. Suresh Kumar, J.
1. This writ petition has been filed against the order passed by the Central Administrative Tribunal (CAT), Chennai Bench in R.A.No.310 of 2018 in O.A.No.217 of 2012 dated 14.12.2022.
2. Heard Ms.R.Vaigai learned Senior Counsel appearing for the petitioners and Mr.Syed Mustafa, learned Special Government Pleader (Puducherry) who has taken notice for the respondents.
3. Originally there were four applicants before the Tribunal, who filed original application to seek for appointment as School Librarians. Out of the four, two were considered to be granted and remaining two cases were rejected by the Tribunal, as against which when writ pe
The court emphasized the importance of considering the directions and observations made by the Division Bench in a previous order, and the need for the Tribunal to reconsider the matter in light of t....
Proper procedure for addressing appointment disputes and the obligation of the respondent to consider representations and pass appropriate orders within a specified timeframe.
The recruitment process must ensure equal treatment of all candidates, upholding constitutional principles of fairness and non-discrimination.
The main legal point established in the judgment is that obtaining permission from the competent authority before making an appointment in an educational institution is crucial for approval, and the ....
It is neither possible nor desirable to attempt either to define or to describe adequately all cases of errors which can be appropriately described as errors of law apparent on the face of the record....
The court emphasized the necessity of adhering to prior court directives in appointment approvals, particularly considering the timing of the petitioner's appointment relative to the surplus teacher ....
Provisional participation in interview pending fresh action before the Tribunal
The main legal point established is that the appointment proposal should be approved if it satisfies all prescribed norms and rules and there are no surplus teachers in the school.
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