R.Kayal, Workshop Instructor v. The Union Of India, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE V.DHANAPALAN AND THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM W.A.No.849 of 2011 & M.P.No.1 of 2011 R.Kayal .. Appellant/Petitioner Vs.

1. The Union of India, Rep. by its Secretary to Education, Government of Puducherry, Chief Secretariat, Puducherry.

2. The Director of Higher Education, Pondicherry.

3. The Member Secretary, Pondicherry Institute of Post Matric-Technical Education (PIPMATE), Lawspet, Puducherry.

4. The Chairman, Pondicherry Institute of Post Matric-Technical Education (PIPMATE), Lawspet, Puducherry.

5. The Principal, Women's Polytechnic College, Lawspet, Pondicherry.

6. P.Kannan .. Respondents/Respondents Lab.Assistant(Mech) Karaikkal Poliytechnic College, Karaikkal.

Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 29.04.2011 made in W.P.No.5705 of 2011 on the file of this Court.

WP Presented under article 226 of the Constitution of India to issue a writ of certiorari to call for the records of the file relating to the impugned order pending on the file of the respondent

No.3 and to quash the impugned order No.A/6/1/1/PIPMATE/ 2009/A3/ 99 dt.7.2.2011 and for costs.

For appellant : Mr.D.Ravichander For respondents: Ms.K.Rathi for Ms.N.Mala, Addl.G.P.(Pondy) for RR-1 & 2 Mr.T.P.Manoharan for RR-3 & 4 No appearance for RR-5 & 6

JUDGMENT

(The Judgment of the Court was delivered by V.Dhanapalan,J) This Writ Appeal is directed against the order dated 29.04.2011 made in the Writ Petition No.5705 of 2011 in dismissing the Writ Petition and enabling the appellant/writ petitioner to join in the post of Lab Assistant and also by observing that the said post had been merged with the post of Workshop Instructor and three weeks' time was granted to the writ petitioner to go and report for duty.

2. When this appeal was taken up for hearing on 06.01.2015, upon hearing the learned counsel appearing for the parties, the matter was posted "for orders" to today and the learned counsel for the appellant was directed to get instructions from the appellant as to the present position. Learned counsel for the appellant now informs that even though he has made efforts to contact the appellant, he has no instructions, and therefore, he submitted that the matter may be disposed of recording "no instructions". Learned counsel for the respondents 3 and 4 submitted that the appellant has joined in the transferred place and post.

3. In the light of the above stated position, we dismiss this Writ Appeal for want of instructions from the appellant. No costs. The Miscellaneous Petition is closed.

Sd/- Assistant Registrar Dated:28.1.15 True Copy Sub Assistant Registrar Copy to

1. The Secretary to Education, Union of India, Government of Puducherry, Chief Secretariat, Puducherry.

2. The Director of Higher Education, Pondicherry.

3. The Member Secretary, Pondicherry Institute of Post Matric-Technical Education (PIPMATE), Lawspet, Puducherry.

4. The Chairman, Pondicherry Institute of Post Matric-Technical Education (PIPMATE), Lawspet, Puducherry.

+1 cc to Mr.T.P.Manoharan, Advocate,SR.1944 +1 cc to Sr.Government Pleader,Pondy, SR.1549. tej(co) krd 5/2 W.A.No.849 of 2011