G.Uma v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.17836 of 2008 G.Uma

...Petitioner

Vs

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Block Development Officer, Harur Panchayat Union, (Village Panchayat), Dharmapuri District.

3. K.Chennammal Karunkannan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to treat the period of suspension between 18.02.2006 and 27.11.2007 as duty will all consequential benefits such as arrears of pay, re-fixation of pay and all other attendant benefits.

For Petitioner : No appearance For 1st Respondent : Mr.M.Elumalai, Government Advocate For 2nd Respondent : Mrs.Lita Srinivasan For R3 : No Appearance

O R D E R

The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to treat the period of suspension of the petitioner between 18.02.2006 and 27.11.2007 as duty will all consequential benefits such as arrears of pay, refixation of pay and all other attendant benefits. 2.

When the matter is called today, there is no representation on behalf of the petitioner although the matter https://hcservices.ecourts.gov.in/hcservices/

was adjourned for more than three occasions at the request of the learned Counsel for the petitioner.

3.

Mr.M.Elumalai, learned Government Advocate appearing for the 1st respondent submitted that the petitioner suffered departmental proceedings followed by an order of suspension placing her under suspension and the same is not yet over. 4.

Mrs.Lita Srinivasan, learned Counsel for the 2nd respondent submitted that the 3rd respondent, President of Veerappa Naicken Patti Village Panchayat, Harur Panchayat Union, Dharmapuri District, having demitted the office on the expiry of the tenure, he is no way a necessary party. The said statement is recorded.

5.

Considering the facts and circumstances of the matter, this Court is of the view that without producing the relevant records showing that all the departmental proceedings were dropped against the petitioner, the writ petition cannot be maintained. Anyhow, since there is no representation for the petitioner today, although the matter was adjourned for more than three occasions as stated above at the request of the learned Counsel for the petitioner, the Writ Petition is dismissed for default. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsi To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Block Development Officer, Harur Panchayat Union, Dharmapuri District.

+1 cc to The Government Pleader, Sr.No. 23177 W.P.No.17836 of 2008 SS(CO) CSL/23.04.2019 https://hcservices.ecourts.gov.in/hcservices/