C.M.P(MD)No.8322 and 8324 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 09.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA

AND

THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

W.A(MD)Nos.1194, 1195 and 1196 of 2017

and

C.M.P(MD)No.8322 and 8324 of 2017

W.A(MD)No.1194 of 2017:

01.The State of Tamil nadu,

Represented by the Secretary to Government,

Education Department,

Fort St. George,

Chennai – 600 009.

02.The Director of Teacher Education,

Research and Training, College Road,

Chennai – 600 006.

03.The Director of School Education,

College Road,

Nungambakkam,

Chennai – 6.

04.The District Educational Officer,

Aruppukottai Taluk,

Virudhunagar District.

... Appellants / Respondents 1 to 4

Vs.

01.R.Vinoth Kumar ... 1^st Respondent/writ petitioner

02.The Secretary,

Hindu High School,

Gopalapuram, Palayampatty Post,

Virudhunagar District.

03.The Principal,

Sri Ramakrishna Mission,

Vidyalaya Maruthi College of Physical Education,

Sri Ramakrishna Vidyalaya Post

Periyanaickenpalayam,

Coimbatore – 641 020.

...2^nd and 3^rd respondents/respondents 5 and 6

1/8

https://hcservices.ecourts.gov.in/hcservices/

C.M.P(MD)No.8322 and 8324 of 2017

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent,

against

the

order

dated

18.01.2017

passed

in

W.P(MD)No.8115 of 2011.

Prayer in WP(MD). 8115/ 2011 :

Writ Petition is filed under Article 226 of the

Constitution of India, to issue a Writ of Mandamus directing the

4th respondent to approve the appointment of the petitioner as

Physical Education Teacher with effect from the date of initial

appointment i.e., from 24.05.2010 and consequently pay all arears

of salary and attendant, monetary benefits etc.

For Appellants

: Mrs.S.Srimathy,

Special Government Pleader

For R-1

: Mr.V.R.Venkatesan

For R-3 : Mr.R.Devaraj

(R2 dispense with vide order dt.17/07/2018)

W.A(MD)Nos.1195 and 1196 of 2017:

01.The State of Tamil Nadu,

Represented by the Secretary to Government,

Education Department,

Fort St. George,

Chennai – 600 009.

02.The District Educational Officer,

Aruppukottai Taluk,

Virudhunagar District.

... Appellants in both W.As/

Respondents 1 and 2

.vs.

01.R.Vinoth Kumar

....1^st respondent in both W.As/

writ petitioner

02.The Secretary,

Hindu High School,

Gopalapuram, Palayampatty Post,

Virudhunagar District

... 2^nd respondent in both W.As/

3^rd respondent

2/8

https://hcservices.ecourts.gov.in/hcservices/

C.M.P(MD)No.8322 and 8324 of 2017

Common Prayer: Writ Appeals filed under Clause 15 of the Letters

Patent,

against the order dated 18.01.2017 passed in

W.P(MD)Nos.4165 and 8790 of 2012 respectively.

Prayer in WP(MD). 4165/ 2012 :

Writ Petition is filed under Article 226 of the

Constitution of India, to issue a Writ of mandamus, directing the

3rd respondent to permit him to continue the work as Physical

Education Teacher and consequently allow him to put his signature

in the Attendance Register maintained by the 3rd Respondent.

Prayer in WP(MD). 8790/ 2012 :

Writ Petition is filed under Article 226 of the

Constitution of India, to issue a Writ of Certiorarified Mandamus,

calling for the records of the 3rd respondent s Impugned Order

dated 08.06.2012 and quash the same and directing the Respondents

No.1 and 2 to approve the appointment of the Petitioner as

Physical Education Teacher in the 3rd respondent School and

consequentially to pay salary and all attendant and monetary

benefits from the date of his appointment and further permit him

to continue the work as Physical Education Teacher.

For Appellants : Mrs.S.Srimathy,

Special Government Pl