THE GOVERNMENT OF TAMIL NADU Vs. ELSI BAI

JUDGEMENT

(1.) Heard Mr. VR. Shanmuganathan, learned Special Government Pleader appearing for the appellants and Mr. R. Subramani, learned Counsel for the first respondent/writ petitioner. There is no representation for the second respondent.

(2.) With the consent of either side, the writ appeal is taken up for disposal.

(3.) The Government filed this appeal against the order passed in W.P.(MD)No.3287 of 2012. The writ petition was allowed and the order passed by the 1st respondent dated 24.02.2012 was set aside with direction to the appellants 1 & 2 to sanction a post of Lab Attender to the 2nd respondent school and to consider the claim of the writ petitioner for all attendant benefits. This is the third round of litigation at the instance of the first respondent/writ petitioner. The first respondent/writ petitioner had filed the first writ petition in W.P. No.9046 of 1998 for considering her representation for sanction of one post of Laboratory Attender in the second respondent school. The said writ petition was disposed of by order dated 07.09.2001 to consider the representation within a time frame, after which, an order was passed on 05.04.2002. This order was challenged by the first respondent/writ petitioner in W.P. No.23075 of 2002. The said writ petition was allowed by order dated 22.02.2010 by referring to a decision of the Division Bench of this Court in G.Sahadevan Nair, Kanyakumari District Vs. Government of Tamil Nadu represented by its Secretary, Education Department, Chennai and others 2008 (4) MLJ 289 In the said order, a direction was issued to the appellants to consider the claim of the writ petitioner. As against the said direction, the appellants filed the appeal in W.A. No.2120 of 2011, which was dismissed on 16.11.2011. However, in the typed set of papers, copy of the judgment dated 16.11.2011 has not been enclosed. As against the dismissal of the said appeal, the appellants preferred appeal to the Honourable Supreme Court in S.L.P(C)No.407 of 2012. The said appeal was disposed of by order dated 07.02.2012, which reads as follows: