LAWS(MAD)-2021-3-146

DISTRICT ELEMENTARY EDUCATIONAL OFFICER Vs. P. MANGAIYARKARASI

Decided On March 09, 2021
DISTRICT ELEMENTARY EDUCATIONAL OFFICER Appellant
V/S
P. Mangaiyarkarasi Respondents

JUDGEMENT

(1.) Two appeals have been filed challenging the order of the learned Single Judge, of which, one is in SR stage. W.A.(MD)No.1264 of 2020 has been filed by the Government and C.M.P.(MD)No.583 of 2021 in W.A.(MD)No.SR2728 of 2021 has been filed by the Management.

(2.) The first respondent / Teacher filed a writ petition in W.P.(MD)No.13137 of 2014 seeking a writ of certiorari challenging the order passed by the Management dismissing her from service. The Management has also filed a writ petition in W.P.(MD)No.8354 of 2016 challenging the order dated 07.03.2016, by which, the Management was directed to reinstate the petitioner in W.P.(MD)No. 13137 of 2014 forthwith.

(3.) The learned Single Judge passed an order quashing the impugned order, which is the subject matter of W.P.(MD)No.13137 of 2014, ie., the order of dismissal. Incidently, the order dated 09.07.2018, rejecting the dismissal proposal sent by the Management, has worked itself out, as the prayer sought for in the writ petition filed by the Management no longer survives. Certain directions have been issued with respect to the disbursement of salary and other benefits. Accordingly, the payment due to the writ petitioner in W.P.(MD)No.13137 of 2014 was directed to be shared both by the Government and the Management, on the ground that the Government is responsible for the delay and the Management is the cause.