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Madras High CourtWP/16582/2007dismissed as infructuous

Mrs. A. Hasinabi v. The Secretary To Government

2020-11-11Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2020

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.16582 of 2007 (O.A.No.3312 of 2003) Mrs.A.Hasinabi

...Petitioner

Vs.

1. The Secretary to Government, Social Welfare and Noon Meal Programme Department, Chennai - 600009.

2. The Commissioner of Social Welfare, Ezilagam, Chepauk, Chennai - 600005.

3. The Project Co-ordinator, World Bank Integrated Child Development Scheme, Taramani, Chennai - 600113.

4. The District Programme Officer, World Bank Integrated Child Development Scheme, Tiruvannamalai District, Office of the Collectorate, Tiruvannamalai.

5. The Child Development Project Officer, World Bank I.C.D.S. III, Thandarampet, Chengam Taluk - 606707.

Tiruvannamalai District.

...Respondents

PRAYER :

Originally this application has been filed as Original Application No.3312 of 2003 before the Tamil Nadu Administrative Tribunal at Chennai and after abolition of TNAT, application has been transferred and re-numbered as W.P.No.16582 of 2007. Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the 1st respondent order in G.O.(D)206 dated 09.12.2002 and the consequential orders of the 4th respondent in Se.Mu.Order No.4429/A1/97 dated 27.08.2003 and the 5th respondent order Na.Ka.No.132/A/203 dated 02.09.2003 and

quash the same consequently directing the respondents to reinstate the applicant with full back wages, continuity in service and other attendant benefits in the same post or any other equivalent post without reduction in seniority or pay. For Petitioner : No appearance For Respondents: Mr.K.Magesh [R1 to R3] Special Government Pleader

ORDER

This Writ Petition has been filed calling for records of the first respondent order in G.O.(D)206 dated 09.12.2002 and the consequential orders of the fourth respondent in Se.Mu.Order No.4429/A1/97 dated 27.08.2003 and the fifth respondent order in Na.Ka.No.132/A/203 dated 02.09.2003 and quash the same, consequently to direct the respondents to reinstate the petitioner with full back wages, continuity in service and other attendant benefits in the same post or any other equivalent post without reduction in seniority or pay.

2. It is averred in the writ petition that the petitioner has filed the Original Application before the Tamil Nadu Administrative Tribunal, Chennai. Subsequently, due to abolition of the Tribunal, this matter was transferred to this Court and renumbered as W.P.No.16582 of 2007.

3. When the matter is taken up for hearing today, there is no representation for the petitioner.

4. Learned Special Government Pleader appearing for the respondents 1 to 3 would submit that subsequent to the filing of the original application which was transferred to this Court and renumbered as W.P.No.16582 of 2007, the petitioner has also filed the writ petition in W.P.No.19349 of 2008 and this Court passed an order dated 27.08.2008. Based on the order passed by this Court, the petitioner was reinstated in service by proceedings dated 10.09.2008 in G.O.(Ms).No.131, therefore nothing survives in this writ petition to be adjudicated upon further.

5. Considering the above submission made by the learned Special Government Pleader appearing for the respondents 1 to 3, nothing survives in this writ petition for further adjudication. Accordingly, this Writ Petition stands dismissed as infructuous. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Secretary to Government, Social Welfare and Noon Meal Programme Department, Chennai - 600009.

2. The Commissioner of Social Welfare, Ezilagam, Chepauk, Chennai - 600005.

3. The Project Co-ordinator, World Bank Integrated Child Development Scheme, Taramani, Chennai - 600113.

4. The District Programme Officer, World Bank Integrated Child Development Scheme, Tiruvannamalai District, Office of the Collectorate, Tiruvannamalai.

5. The Child Development Project Officer, World Bank I.C.D.S. III, Thandarampet, Chengam Taluk - 606707.

Tiruvannamalai District.

+1cc to the Government Pleader, S.R.No.36950 W.P.No.16582 of 2007 KV(CO) RV(21/12/2020)