The Executive Officer v. S.Naveenkumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.6.2018
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.A.No.1251 of 2018 and C.M.P.No.10323 of 2018 The Executive Officer, Pethampalayam Town Panchayat Pethampalayam Post, Kanjj Kovil Via Perundurai Taluk Erode District-638 116 ..Appellant/5th Respondent/5th Respondent
Versus
1 S.Naveenkumar ..1st Respondent/Petitioner/Petitioner 2 The Government of Tamil Nadu Rep by its Secretary Municipal Administration and Water Supply Department Fort St. George Chennai-600 009 3 The Director of Town Panchayats Kuralagam Chennai-600 108 4 The District Collector Erode District 5 The Additional Director of Town Panchayats Erode District ..2 to 5 Respondents/1 to 4 Respondents/1 to 4 Respondents 6 The Appointment Committee Rep by its Chairman Pethampalayam Town Panchayat Pethampalayam Post Kanjj Kovil Via Perundurai Taluk Erode District-638 116 ..6th Respondent/6th Respondent/6th Respondent Prayer: Writ Appeal filed filed under Clause 15 of the Letters Patent against the order dated 9.6.2017 passed in Review Application (Writ) No.12 of 2017 in W.P.No.33647 of 2016 on the file of this court.
W.P.No.33647 of 2016:
Review Application filed under order 47 Rule 1 r/w Section 114 of Civil Procedure Code seeking to review the order made in W.P.No.33647 of 2016 dated 15.02.2017 Writ Petition filed under Article 226 of the constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 5th Respondent in Na.Ka.No. 85/2016 dated 14.09.2016 and quash the same and consequently direct the respondents to reappoint/reinstate the petitioner as Electrician Grade II in to service.
For appellant : Mr.P.S.Sivashanmugasundaram, Special Government Pleader For R1 : Mr.K.Raja for Mr.N. Kulanthaivelu
JUDGMENT
(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties and perused the order passed by the learned Single Judge.
2. It appears that the first respondent herein was appointed as Electrician Grade II in the appellant-Panchayat on 14.9.2016 and subsequently, his appointment was cancelled on the same day, on administrative reasons viz., he had not furnished experience certificate. Though initially, the writ petition filed by the first respondent herein was dismissed, subsequently, in the Review Application, his claim was considered and the relief was granted.
3. It is relevant to refer to the observation made by the learned Single Judge in paragraphs 6 to 9 as under:- "6. As rightly contended by the learned counsel appearing for the review applicant, the fifth respondent has taken a contra stand in para 17 of the counter affidavit filed in the writ petition as well as in para 6 of the counter affidavit filed in this review petition. It is not in serious dispute that before calling for applications for filing up the post, proper advertisement was issued and the review applicant also produced the experience certificate and it was also recorded in the resolution of the sixth respondent and therefore, it cannot be said that the review applicant did not enclose the experience certificate.
7. It is to be pointed out at this juncture that reliance has been placed upon two Government Orders viz., G.O.Ms.No.524 and 624 of Industries (MIA-I) Department, which came to be passed in the year 1998 and it pertains to absorption of employees of Tamil Nadu Steels Limited in other public sector undertakings including State Transport Corporations and not in respect of retrenched employees of local bodies. It is further to be noted at this juncture that in the light of passage of time from the issuance of the above said two Government Orders, no employees in the services of the Tamil Nadu Steels Limited can be accommodated.
8. In the considered opinion of the Court, the above said infirmities pointed out have to be upheld and as a consequence, the Review Application is to be allowed.
9. In the result, this Review Application is allowed, setting aside the order dated 15.02.2017 passed in W.P.No.33647 of 2016 and consequently, W.P.No.33647 of 2016 is allowed. The respondents 5 and 6 are directed to reinstate the petitioner forthwith as Electrician Grade II and confer him with all consequential benefits except backwages, as the review applicant did not work on account of cancellation of the order of appointment..."
4. Having perused the above and heard the learned counsel appearing for the parties, we do not find any reason to interfere with the order passed by the learned Single Judge in the Review Application. Accordingly, the writ appeal is dismissed confirming the order passed by the learned Single Judge. The appellant is directed to comply with the order passed by the learned Single Judge within a period of two weeks from the date of receipt of copy of this judgment. No costs. The connected miscellaneous petition is also dismissed. s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar ssk.
To:
1. The Executive Officer, Pethampalayam Town Panchayat Pethampalayam Post, Kanjj Kovil Via Perundurai Taluk Erode District-638 116 2 The Secretary Municipal Administration and Water Supply Department Fort St. George Chennai-600 009 3 The Director of Town Panchayats Kuralagam Chennai-600 108 4 The District Collector Erode District 5 The Additional Director of Town Panchayats Erode District 6 The Chairman Pethampalayam Town Panchayat Pethampalayam Post Kanjj Kovil Via Perundurai Taluk Erode District-638 116 +1 CC to Mr.N. Kulanthaivelu, Advocate sr 38888. W.A.No.1251 of 2018 SP(18/07/2018)