R JAGATHAMBAL Vs. C KAMATHCHI

JUDGEMENT

(1.) The challenge in these intra Court Appeals is to the order of the learned Single Judge made in WP No.7685 of 2013 dated 02.09.2014, in and by which, the learned Single Judge had allowed the Writ Petition filed by the 1st respondent seeking issuance of Writ of Mandamus calling for the records pertaining to the order passed by the 1st respondent in his proceedings in Na.Ka.No.1331/A5/2010 dated 31.01.2013 to quash the same and direct the respondents to approve the appointment of the petitioner (1st respondent herein), as a Secondary Grade Teacher from 16.03.2011 and confer all consequential benefits.

(2.) According to the 1st respondent, she was appointed as a Secondary Grade Teacher in the Aided Primary School, Chottalvannam, Kilvelur Range, Nagapattinam District, by the Secretary of the School Committee on 16.03.2011 and the proposals for approval of the appointment were forwarded to the District Elementary Educational Officer, Nagapattinam, through the Assistant Educational Officer Kilvelur, on the same day.

(3.) While the said approval was under consideration the School Committee was reconstituted by the District Elementary Educational Officer, Nagapattinam, viz. the second respondent herein, by his proceedings in Mu.Mu.No.2931/A5/2011 dated 15.07.2011, with effect from 15.06.2011. The order constituting a New School Committee was challenged by the then Secretary, viz. G.Chadrasekaran in WP No.18861 of 2011 and this Court had granted interim stay initially for a period of two weeks and thereafter the order of stay was extended until further orders. The said Writ Petition in WP No.18861 of 2011 came to be disposed of by this Court on 16.07.2014, on the ground that nothing survives in the Writ Petition as the period for which the School Committee was constituted had expired by then. While so, since the New School Committee objected to the appointment of the 1st respondent, the 2nd respondent herein, by its proceedings dated 31.01.2003 rejected the approval on the ground that the School Committee had been reconstituted and hence the appointment of the 1st respondent made by the erstwhile Committee cannot be approved.