E VIMALA Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) Heard Mr.T.A.Ebenezer, learned counsel for the Appellant in W.A.(MD)No.1076/2013 and 1st respondent in W.A.(MD)No.46/2014 and Mr.S.Chandrasekar, learned Government Advocate appearing for Respondents 1 and 2 in W.A.(MD)No.1076/2013 and the appellants in W.A.No(MD).46/2014.

(2.) Both these appeals are directed against the order dated 05.04.2013 made in W.P.(MD) No.8607 of 2012. The writ petition was filed by the first respondent in W.A.(MD)No.46 of 2014 and the appellant in W.A.(MD) No.1076 of 2013. In this judgment, the parties shall be referred to as per the nomenclature in the writ petition.

(3.) The writ petitioner filed the writ petition challenging an order dated 18.05.2012 and for a direction to the Assistant Elementary Educational Officer to approve her appointment, by considering the proposal sent by the fourth respondent Management. The petitioner joined the Primary School at Mahilchipuram under Tuticorin Dioceses as Secondary Grade Teacher on 05.06.1990. She wanted transfer to Tirunelveli for the purpose of education of her children and the Management promoted her as Headmistress of the fourth respondent School and posted at Tirunelveli by an order dated 11.08.2008 and she joined service on 12.08.2008 as Headmistress in the said school. Subsequently, the promotion was cancelled by the Management by an order dated 02.01.2009 and another person by name Serebia Ezhilarasi was appointed as Headmistress of the said School. The petitioner filed W.P.(MD) Nos.8053 of 2008 and 89 of 2009, challenging the cancellation of her promotion and appointment of the other person as Headmistress and both the writ petitions were dismissed by orders dated 30.09.2008 and 18.10.2011 respectively. Thus, the petitioner was faced with the situation of losing the employment, which she had been engaged in since August 2008.