R. Karthikeyan v. The State Government Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.NO.30576 OF 2008 & M.P.NOS.2 & 3 OF 2008
1. R.Karthikeyan
2. G.Chellapandian
3. M.Anbalagan
4. P.Sanavai
5. K.Mohan
6. R.Manoharan
7. R.Daniel Kalimuthu
8. P.Ramakrishnan ... Petitioners/Petitioners .Vs.
1. The State Government of Tamil Nadu, Rep. by its Secretary, Municipal Administration and Water, Supply Department,
2. The Commissioner, Municipal Administration, Chepauk, Chennai - 5.
3. The Secretary, Health and Family Welfare Department, St.George Fort,
4. The Director of Handlooms and Textiles, Kuralagam, II floor, Chennai - 600 108.
5. The Managing Director, Tamilnadu Textiles Corporation Limited, Coimbatore - 18.
6. The Commissioner, Coimbatore Corporation, Coimbatore.
... Respondents/Respondents
PRAYER:- The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the entire records pursuant to the G.O. (3D) No.845 dated 03.12.2008 on the file of the first respondent and quash the same and consequently direct the 1st respondent to pass appropriate orders for absorbing the petitioners herein by redeploying them under the 6th respondent in pursuant to the recommendations of the 2nd respondent passed in NA.Ka.No.77760/ 2000 MCA-3 dated 10.07.2002.
For Petitioner : Mr.S.Saravanan For Respondents : Mr.C.Selvaraj, Government Advocate For R1 to 4 Mr.P.Saravana Kumar For R5 Mr.J.Sathya Narayana Prasad For R6
O R D E R
The writ petitioners sought for absorption by redeploying them in the 6th respondent pursuant to the recommendation of the 2nd respondent.
2. During the pendency of the matter, the request of the petitioners were considered and Government issued G.O.Ms.No.472 dated 22.11.2011 permitting the 6th respondent to appoint the petitioners as Computer-cum-Clerk granting exception to the other Government orders.
3. The counter affidavit filed by the 6th respondent reads as under:
"....
3. I submit that the above writ petition was filed to quash the G.O (3D) No.845 dated 03.12.2008 and to direct the first respondent to pass appropriate order for absorbing the petitioner herein by redeploying them under the 6th respondent (Coimbatore Corporation) in pursuant to the recommendation of the 2nd respondent passed in Na.Ka.No.77760/2000 MCA-3 dated 10.07.2002
4. I submit that subsequently the Government has issued the Government Order G.O.Ms.No.472 dated 22.11.2011 granting permission to this respondent to appoint the petitioners as Computer-cum-Clerk in the pay scale of Rs.5200-20200+2800 by granting exception to the following
1. G.O.Ms.No. 932 Health and Family Welfare Department dated 03.04.1971 (Adhoc rules)
2. 1996 Tamilnadu Corporation services rules G.O.Ms.No.790 Labour and Employment Department dated 05.07.1971.
5. I submit that this respondent based on the above G.O.Ms.No.472 dated 22.11.2011 and the Coimbatore City Municipal Corporation appointments Committee resolution dated 28.12.2011 issued orders dated 29.12.2011 appointing the petitioners in the pay scale PB1-Rs.5200-20200+2800." From the statement made by the 6th respondent, it is clear that the prayer sought for the petitioners have been satisfied and nothing survives for adjudication any further. Taking the counter affidavit filed by the 6th respondent on file and recording the submission of the learned counsel for the 6th respondent, Mr.J.Sathyanarayan Prasad, the writ petition is closed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.
The Secretary, State Government of Tamil Nadu, Municipal Administration and Water, Supply Department, 2.
The Commissioner, Municipal Administration, Chepauk, Chennai - 5.
3.
The Secretary, Health and Family Welfare Department, St.George Fort, 4.
The Director of Handlooms and Textiles, Kuralagam, II floor, Chennai-600 108.
5.
The Managing Director, Tamilnadu Textiles Corporation Limited, Coimbatore - 18.
6.
The Commissioner, Coimbatore Corporation, Coimbatore.
+1cc to Mr.S.Saravanan, Advocate, S.R.No.35497 +1cc to the Government Pleader, S.R.No.36245 W.P.NO.30576 OF 2008 & M.P.NOS.2 & 3 OF 2008 SRA(CO) NSK/13/09/2021