V.Krishna Reddy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2021
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.20731 of 2009 and MP.Nos.1 and 2 of 2009 V.Krishna Reddy ... Petitioner Vs
1. The District Collector, Krishnagiri District, Krishnagiri.
2. The Personal Assistant (Nutritious Meals Project), to the Collector, Collectorate, Krishnagiri.
3. The Assistant Elementary Educational Officer, Thali Range (Formerly Deputy Inspector of Schools), Thali, Krishnagiri District.
4. The Panchayat Union Commissioner, Thali Union, Thali, Krishnagiri District.
... Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of suspension passed by the 3rd respondent in Pro.Na.Ka.No.174 dated 02.03.1987, quash the same and issue consequential direction to the respondents to reinstate the petitioner in service with consequential benefits of continuity of service by regularizing the period of suspension as 'duty' for all purposes and other service benefits.
For Petitioner :
Mr.R.Dhanasekar For Respondents :
Mr.C.Selvaraj Government Advocate
O R D E R
Heard Mr.Dhanasekar, learned counsel for the petitioner and Mr.C.Selvaraj, learned Government Advocate for the respondents. 2.The petitioner came to be appointed as Nutritious Meals Organizer (NMO) in the Panchayat Union Elementary School, J.Gollapalli, by way of proceedings in Na.Ka.No.175915/82N5 dated 28.03.1983. According to the petitioner, he fell ill and was under treatment in M.S.Clinic at Bangalore from 01.03.1987 for a period of two weeks. When he reported for duty on 13.03.1987, he was informed that an alternate person had been appointed in his place. Proceedings dated 02.03.1987 had placed him under suspension and he called upon to submit an explanation for his absence within seven days. He claims that an explanation had been tendered by him, but, there has been no enquiry or any order in that regard till date.
3.Be that as it may, this writ petition had been filed only on 12.09.2009 challenging the proceedings of suspension dated 16.03.1987 and thus the writ petition is hit by laches. The matter is listed today after 13 long years and no instructions are available to the learned counsel even as on date. Bearing in mind the trajectory of events as noticed aforesaid, I see nothing to be gained in keeping this writ petition pending any longer and thus dismiss the same. No costs. Connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vs To
1. The District Collector, Krishnagiri District, Krishnagiri.
2. The Personal Assistant (Nutritious Meals Project), to the Collector, Collectorate, Krishnagiri.
3. The Assistant Elementary Educational Officer, Thali Range (Formerly Deputy Inspector of Schools), Thali, Krishnagiri District.
4. The Panchayat Union Commissioner, Thali Union, Thali, Krishnagiri District.
+1cc to the Government Pleader, S.R.No.43695 W.P.No.20731 of 2009 and MP.Nos.1 and 2 of 2009 RP(CO) CS/13/10/2021