R.Manahavala Perumal v. State Of Tamilnadu
In the High Court of Judicature at Madras Dated: 27.07.2015 Coram:
The Hon'ble Mr.Justice SATISH K. AGNIHOTRI and The Hon'ble Mr.Justice M.VENUGOPAL W.A.No.1028 of 2015 and M.P.Nos.1 and 2 of 2015 R.Manahavala Perumal ..Appellant/Petitioner Vs.
1. State of Tamilnadu Rep. By its Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009
2. The Director of Municipal Administration "Ezhilagam" Annexe Building Chepauk, Chennai - 600 005
3. The Commissioner Tirunelveli City Municipal Corporation, Tirunelveli.
..Respondents / Respondents Prayer: Writ Appeal filed under Clause 15 of the Letter Patent Appeal to set aside the Order dated 05.06.2015 made in W.P.No.370 of 2015 and M.P.No.3 of 2015 in W.P.No.16323 of 2015 dated 10.06.2015. Petitions praying that in these circumstances stated therein and in the respective affidavits filed therewith the High court will be pleased to To stay the operation of the order passed by the 1st Respondent in letter No.(2d)Nos., dt.02/02/2015 (in M.P.3/2015) pending disposal of the above writ petition 16323/2015. W.P. 16323/2015 filed under Article 226 of the constitution of India to issue a writ of certiorarified Mandamus to call for the records culminating in the impugned order passed by the 1st Respondent in Lr.No.(2D) No.8, dt.02.02.2015 and quash the same as null and void and regularise the service of the petitioner as system analyst under the 2nd Respondent.
For Appellant :
Mr.T.T.Ravichandran For Respondents:
Mr.P.S.Sivashanmugasundaram Special Government Pleader
JUDGMENT
[Judgment of the Court was Delivered By M.VENUGOPAL, J.] The Appellant / Petitioner has preferred the present instant Writ Appeal as against the Order dated 10.06.2015 in M.P.No.3 of 2015 in W.P.No.16323 of 2015 passed by the Learned Single Judge in dismissing the Petition.
2. It is not in dispute that the Appellant/Petitioner as an Assistant was employed in the 3rd Respondent/Tirunelveli City Municipal Corporation. Also, that he was sent on Deputation to the 2nd Respondent/Office of the Director of Municipal Administration, Chennai - 5, to the post of 'System Analyst', after lapse of Deputation period, the Appellant was to the parent Department. In fact, this Court had dismissed the Writ Appeal No.1027 of 2015 filed by the Appellant as against the Order dated 05.06.2015 in W.P.No.370 of 2015 passed by the Learned Single Judge.
3. In the instant case, the Appellant was recruited to the post of 'System Analyst' in the office of the 2nd Respondent through appointment by means of Deputation. Further, the Appellant cannot seek absorption in the 2nd Respondent's office as 'System Analyst' either as a matter of right or routine. Moreover when this Court had dismissed the Writ Appeal No.1027 of 2015 filed by the Appellant/Petitioner as against the Order dated 05.06.2015 in W.P.No.370 of 2015 passed by the Learned Single Judge, this Court is of the considered view that the Appellant / Petitioner is not entitled to seek relief of Stay of the Operation of the Order passed by the 1st Respondent in Letter No.(2D) No.8 dated 02.02.2015 in M.P.No.3 of 2015 pending disposal of the W.P.No.16323 of 2015. Viewed in that perspective, the Writ Appeal fails. In the result, the Writ Appeal is dismissed leaving the parties to bear their own costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar
ssd To
1. The Secretary, Muncipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009
2. The Director of Municipal Administration "Ezhilagam" Annexe Building Chepauk, Chennai - 600 005
3. The Commissioner Tirunelveli City Municipal Corporation, Tirunelveli.
W.A.No.1028 of 2015 and M.P.Nos.1 and 2 of 2015 km(co) kra( 18/08)