The Deputy Commissioner, v. M.P.Premkumar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2023

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and CMP.No. 3578 of 2018 and M.P.No. 1 of 2012

1. The Deputy Commissioner, Civil Supplies & Consumer Protection Department, Ezhilagam, Chepauk, Chennai - 600005.

2.The Assistant Commissioner, Civil Supplies & Consumer Protection Department, Ezhilagam, Chepauk, Chennai - 600005.

... Appellants Vs.

1. M.P.Premkumar 2.P.M.Basheer Ahamed, I.A.S., 3.P.Jebakani 4.P.Kayalvizhi (Minor) rep. By her mother 3rd respondent) ... Respondents ( R3 & R4 impleadd as respondents vide order of this Court dated 20.10.2021) Writ Appeal filed under Section 15 of Letters Patent to set aside the order passed in W.P.No. 553 of 2012 dated 03.09.2012 on the file of this Court.

For Appellant : Mr.L.S.M. Hasan For Respondents : R1 - Died 1/4

Mr. S.Anbazhagan - R3 & R4

JUDGMENT

(Judgment of the Court was made by D.KRISHNAKUMAR, J.) The challenge in the Writ appeal is against the order passed by the Writ Court directing the respondents/appellants herein to restore the services of the 1st respondent as a temporary office assistant, without wages for the period of non employment.

2. The 1st respondent/writ petitioner was appointed as Office Assistant on 01.12.2011 under Rule 10(a) (i) of Tamil Nadu State and Subordinate Services Rules, he was terminated from service by the 2nd appellant by order dated 19.12.2011 for the allegation that he has abstained from duty for a long time. Challenging the said termination order, the 1st respondent has filed writ petitioner, wherein the learned Single Judge has directed the respondents/appellants herein to restore the services of the 1st respondent as a temporary office assistant, without wages for the period of non employment. Hence, the present writ appeal by the appellant-Department.

3. The learned counsel appearing for the respondents 3 & 4 has submitted before this Court that the 1st respondent/writ petitioner died 2/4

on 20.08.2018, therefore the legal heirs of the 1st respondent were impleaded as respondents 3 & 4 in the present writ appeal.

4. In view of the fact the 1st respondent/writ petitioner died, no further order can be passed in the present appeal filed by appellant department challenging the order passed by the learned Single Judge for restoration of appointment. Further, the appointment of the deceased employee was under Rule 10(a) (i) of Tamil Nadu State and Subordinate Services Rules, this Court cannot grant any relief to the legal heirs of the deceased 1st respondent.

5. In the above said circumstances, the writ appeal is dismissed as abated. No costs. Consequently, connected Miscellaneous Petitions are closed.

(D.K.K.J. ) (K.G.T.J.) 03.04.2023 Speaking/Non Speaking order Index: Yes ak 3/4

D.KRISHNAKUMAR, J.

AND K.GOVINDARAJAN THILAKAVADI, J.

ak To

1. The Deputy Commissioner, Civil Supplies & Consumer Protection Department, Ezhilagam, Chepauk, Chennai - 600005.

2.The Assistant Commissioner, Civil Supplies & Consumer Protection Department, Ezhilagam, Chepauk, Chennai - 600005.

and CMP.No. 3578 of 2018 and M.P.No. 1 of 2012 03.04.2023 4/4