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P.Augustine Arul Philip vs The State Of Tamil Nadu

Madras High Court|25 November, 2009

JUDGMENT / ORDER

The petitioner teacher has filed the writ petition aggrieved by the appointment of respondent No.6 as a Headmistress of Florence Swanison Higher Secondary School for the Deaf, Plalyamkottai the 5th respondent School, by an order dated 01.06.2003.
2.This case of the petitioner is that he should have been considered to the post of Headmaster to the said School and his claim on merits has been over looked and the 6th respondent has been appointed. In the writ petition, the proceedings of the 4th respondent resulting the appointment of 6th respondent are challenged on the various grounds which includ the comparative merits of the parties in respect of qualifications, seniority and merit. The writ petition was admitted and notice was issued to the respondent. The contesting 6th respondent has filed a counter.
3.At the time of final hearing of the writ petition, it stated that the writ petitioner was previously working as a Headmaster in Higher Secondary School run by the same management at Kailasapuram, Thuthukudi District. In such view of the matter, the petitioner having been appointed as a Headmaster by the same management, no further adjudication is required in the present writ petition. Today the petitioner, has instructed his counsel Shri R.Amardeep to plead before this Court that he should be transferred to the 5th respondent School as and when a vacancy arises. The reason being the petitioner's wife is working in the 5th respondent School.
4.The petitioner is at liberty to make a representation to the appropriate School authority for transfer as per law. Such request if made will be considered by respondents as per law. The official respondents can also consider the payment of all or any pending amounts withheld by the 5th respondent, if any. The writ petition is disposed of with the above observation. No costs.
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Title

P.Augustine Arul Philip vs The State Of Tamil Nadu

Court

Madras High Court

JudgmentDate
25 November, 2009