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Madras High CourtWP/693/2019disposed of

R.Padmavathy v. The General Manager

2025-09-08Honourable Mr.Justice T. Vinod Kumar9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-09-2025

CORAM

THE HONOURABLE MR.JUSTICE T. VINOD KUMAR WP No. 693 of 2019,WP NO. 698 OF 2019,WP NO. 701 OF 2019, WP NO. 704 OF 2019,WP NO. 709 OF 2019 AND WMP NO. 759 OF 2019,WMP NO. 766 OF 2019,WMP NO. 768 OF 2019,WMP NO. 771 OF 2019,WMP NO. 774 OF 2019, WMP NO. 779 OF 2019 WP No. 693 of 2019:

R.Padmavathy W/o.Late.Rajendran, 29,South Street-3, Avarampalayam, Coimbatore North, Coimbatore 641 005 Petitioner(s) Vs Limited), 333, Avanashi Road, Peelamedu (Post), Coimbatore 641 004 Respondent(s) Page No:1/9

WP No. 698 of 2019 D.Ayyammal W/o.Late.Devaraj, K-13, NTC Housing Colony, CS and W Mill Campus, Coimbatore 641 001 Petitioner(s) Vs Limited), 333, Avanashi Road, Peelamedu (Post), Coimbatore 641 004 Respondent(s) WP No. 701 of 2019 S.Santhamani W/o.Late.Subramani, 5, South street, Aavarampalayam, coimbatore 641 006 Petitioner(s) Vs Limited), Page No:2/9

333, Avanashi Road, Peelamedu (Post), Coimbatore 641 004 Respondent(s) WP No. 704 of 2019 R.Jeeva W/o.Ravichandran, B-14,Sakkarai chettiyar Nagar, Varadarajapuram Medu, Coimbatore south, Uppillipalayam, Coimbatore 641 005 Petitioner(s) Vs Limited), 333, Avanashi Road, Peelamedu (Post), Coimbatore 641 004 Respondent(s) WP No. 709 of 2019 N.Meenachi W/o.M.Somasundaram, 183-A,Thiru Murugan Nagar, Veeriam Palayam Road, Kalapatti, Coimbatore 641 048 Petitioner(s) Vs Page No:3/9

Limited), 333, Avanashi Road, Peelamedu (Post), Coimbatore 641 004.

Respondent(s) PRAYER in WP No. 693 of 2019 : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records from the respondent relating to the proceedings dated 26.12.2018 bearing ref No.Nil threatening to terminate the petitioner services and quash the same as illegal, arbitrary, without jurisdiction and to consequently direct the Respondent to allow the petitioner to be in service till the date of her superannuation, pay salary and other monetary and attendant benefits. PRAYER in WP No. 698 of 2019 : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records from the respondent relating to the proceedings dt.26.12.2018 bearing ref No.

Nil threatening to terminate the petitioner services and quash the same as illegal, arbitrary, without jurisdiction and to consequently direct the Respondent to allow the petitioner to be in service till the date of her superannuation, pay salary and other monetary and attendant benefits PRAYER in WP No.

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records from the respondent relating to the proceedings dt.26.12.2018 bearing ref No.Nil and quash the same as illegal, arbitrary, without jurisdiction and to consequently direct the Respondent to allow the petitioner to be in service till the date of her superannuation, pay salary and other monetary and attendant benefits.

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PRAYER in WP No. 704 of 2019:

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records from the Respondent relating to the proceedings dt.26.12.2018 bearing ref No.Nil threatening to terminate the petitioner services and quash the same as illegal, arbitrary, without jurisdiction and to consequently direct the Respondent to allow the petitioner to be in service till the date of her superannuation, pay salary and other monetary and attendant benefits PRAYER in WP No. 709 of 2019:

Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to calling for the records from the Respondent relating to the proceedings dt.4.12.2018 bearing ref No.Nil and quash the same as illegal, arbitrary, without jurisdiction and to consequently direct the Respondent to allow the petitioner to be in service till the date of her superannuation, pay salary and other monetary and attendant benefits For Petitioner in all W.Ps:

K.Srinivasa Murthy For Respondent in all W.Ps:

M/s.K.S.Kamakshi COMMON ORDER By these writ petitions, the petitioners assail the action of the respondent in issuing notices dated 26.12.2018 and 04.12.2018 respectively, whereby and whereunder the petitioners were threatened with termination of their service by the respondent.

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2. Heard the learned counsel for the petitioners and the learned counsel for the respondent and perused the materials available on record.

3. When these writ petitions are taken up for hearing, the learned counsel for the respondent fairly submits that the issue involved in the present writ petitions is squarely covered by the decision of this Court in W.P.No16424 of 2019 and batch dated 25.02.2025, wherein, this Court dealt with the issue of similar notices issued to similarly placed coolie like the writ petitioners working with the respondent and observed in Paragraph No.15 as follows: " 15. In so far as the petitioners against whom the second notice has been issued, they are at liberty to make their written submissions in response to their second show cause notice within a period of two weeks from the date of receipt of a copy of this order and on receipt of their submission, the respondent shall consider the same in the light of the above observation and the earlier judicial pronouncements rendered in similar situations and pass orders without choosing to impose only the punishment of removal from service, within a period of four weeks from the date of receipt of submissions Page No:6/9

from the petitioners. It is needless to state that the respondent is always at liberty to subject the petitioners to undergo medical examination to ascertain their medical age in case the proof of date of birth produced by the petitioners are not to their satisfaction."

4. Learned counsel for the parties fairly submit that the aforesaid order of this Court applies in all respect to the case of the petitioners herein, as the impugned proceedings is the second notice as dealt with by this Court in the above mentioned batch of writ petitions.

5. In view of the aforesaid submissions and for the reasons alike as stated in the order dated 25.02.2025 in W.P.No.16424 of 2019 and batch, this Court is of the view that since the petitioners are similarly placed to that of the petitioners in the aforesaid writ petitions, the direction contained in the Paragraph No.15 of the aforesaid order is to be apply to the mutatis mutandis to the case of the petitioners herein.

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6. Accordingly, this writ petitions are disposed of in terms of the direction given in Paragraph No.15 of the order dated 25.02.2025 made in W.P.No.16424 of 2019 etc., and batch. No costs. Consequently connected miscellaneous petitions are closed.

08-09-2025 msv Note : Registry is directed to annex a copy of the order in W.P.No.16424 of 2019 etc., batch dated 25.02.2025 to this order.

Index:Yes/No Speaking/Non-speaking order Internet:Yes To Limited), 333, Avanashi Road, Peelamedu (Post), Coimbatore 641 004 Page No:8/9

T.VINOD KUMAR J.

msv WP No. 693 of 2019,WP NO. 698 OF 2019,WP NO. 701 OF 2019, WP NO. 704 OF 2019, WP NO. 709 OF 2019 AND WMP NO. 759 OF 2019,WMP NO. 766 OF 2019,WMP NO. 768 OF 2019,WMP NO. 771 OF 2019,WMP NO. 774 OF 2019, WMP NO. 779 OF 2019 08-09-2025 Page No:9/9