V.Selvakumar v. The District Collector / Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.1940 & 1942 of 2022 and W.M.P.No.2098 & 2100 of 2022 V.Selvakumar
...Petitioner in Crl.O.P.
No.1940 of 2022 N.Srinivasan
...Petitioner in Crl.O.P.
No.1942 of 2022 -VsThe District Collector/Chairman, District Rural Development Agency (DRDA), Tiruvallur District, Tiruvallur.
... Respondents in both Crl.O.Ps.
Common Prayer: 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 respondent in respect of the impugned proceeding, in Na.Ka.No.2997-3/2017/A6 and Na.Ka.No.29971/2017/A6, respectively, dated 17.12.2021 and quash the same as arbitrary, unjustifiable and illegal and consequently direct the respondent not to disturb service of the petitioner in the same post. In both W.Ps.
For Petitioner : Mr.R.Munuswamy For Respondent : Dr.T.Seenivasan Special Government Pleader
COMMON ORDER Both the writ petitions have been filed challenging the order passed by the respondent dated 17.12.2021, thereby removed the petitioners from their service.
2.
The petitioner in both petitions were selected and appointed as Block Coordinator by the respondent on contractual basis and it was a temporary appointment. Due to continuous unauthorized absent, they were removed from service. The contention raised by the petitioners is that, without conducting any enquiry and without any show cause notice, they were dismissed from service from 16.07.2007 & 17.12.2021 respectively.
3.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.
On perusal of the appointment order issued to the petitioners revealed that they were appointed as Block Coordinator in consolidated salary. As per the terms and conditions, the appointment is purely
temporary and on contractual in basis. No claim shall be entertained for any permanent absorption or regularization of service into the District Rural Development Agency or any other government institutions. While being so, the petitioners were absent unauthorizedly. Since they were appointed on contractual basis and also temporarily, they are not entitled for any leave. Further, without any leave letter, they had unauthorizedly absent and as such, the respondent rightly dismissed the petitioners from their service. Hence, this Court finds no infirmity or illegality in the order passed by the respondent.
5.
Accordingly, both the Writ Petitions stand dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no orders as to costs.
03.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts
G.K.ILANTHIRAIYAN. J, rts To The District Collector/Chairman, District Rural Development Agency (DRDA), Tiruvallur District, Tiruvallur.
W.P.No.1940 & 1942 of 2022 and W.M.P.No.2098 & 2100 of 2022 03.01.2024