K.Azhageswari, v. The Government Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2021
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 26935 of 2010 K.Azhageswari ... Petitioner -vs1. The Government of Tamil Nadu, rep. by the Secretary to the Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.
2. The Director of Municipal Administration, Chepauk, Chennai - 600 005.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, praying to call the records relating to the impugned order of the First Respondent in G.O. (3D) No. 14 dated 12.11.2009 and quash the same insofar as the denial of monetary benefits is concerned and direct the Respondents to grant the Petitioner all monetary benefits pursuant to regularization of her services with efect from 27.05.1999 as per G.O. Ms. No. 125, Municipal Administration and Water Supply Department dated 27.05.1999.
For Petitioner :
Mr. P.Rajendran For Respondents :
Mr. C.Harsha Raj, Additional Government Pleader
O R D E R
(through video conference) The Petitioner, who is an employee of Rajapalayam Municipality, has challenged G.O. (3D) No. 14 Municipal Administration and Water Supply Department dated 12.11.2009 https://hcservices.ecourts.gov.in/hcservices/
issued by the Government of Tamil Nadu insofar as it denies certain monetary benefits payable by her employer. 2.
It is apparent from the materials borne out of the record that the cause of action for the Writ Petition has arisen within the territorial limits of jurisdiction of the Madurai Bench of this Court and the employer of the Petitioner, whose presence is necessary for the effectual and complete adjudication of the matter, has not been made as party. When the aforesaid lacunae in the Writ Petition has been pointed out, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to file a fresh Writ Petition on the same cause of action impleading her employer, viz., Rajapalayam Municipality, as one of the Respondents before the Madurai Bench of this Court and he has filed a memo dated 19.11.2021 to that effect through e-mail, which is placed on record.
In fine, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar vjt/skr To
1. The Secretary to the Government of Tamil Nadu, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 600 009.
2. The Director of Municipal Administration, Chepauk, Chennai - 600 005.
Copy to:
K.Azhageswari, 59, Kattabomman Street, Avarampatti, Rajapalayam - 626 117, Virudunagar District.
+1cc to the Government Pleader, S.R.No.60005 W.P. No. 26935 of 2010 KSM(CO) SU(26/11/2021) https://hcservices.ecourts.gov.in/hcservices/