B.Elamurugan v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2021

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.5213of 2021 and W.M.P.No.5782 of 2021 B.Elamurugan ... Petitioner -vs1. State of Tamil Nadu, Rep. by the Principal Secretary to Government, Department of Tourism and Culture and Religious Endowments, Fort St.George, Chennai-600 009.

2. Commissioner of Tourism, Tamil Nadu Tourism Complex, No.2, Vallaja Road, Chennai-600 002.

... Respondent Prayer: Petition is filed under Article 226 of Constitution of India to issue a Writ of Certiorari to call for the records of the 2nd Respondent in Proceedings No.2327/HRD-2/2018-4 dated 12.01.2021.

For Petitioner : Mr.L.P.Maurya For Respondents : Mr.P.Karthikeyan Addl. Govt. Pleader *****

O R D E R

Petitioner has come up with the present Writ Petition seeking to quash the impugned order dated 12.01.2021 passed by the 2nd Respondent vide proceedings No.2327/HRD-2/2018-4.

2. When the matter was taken up for hearing, it was represented by the learned Additional Government Pleader appearing for the Respondents that, the Petitioner's service will not be disturbed till a decision is taken on the request of the Petitioner and only thereafter, intimation will be given with regard to the Petitioner's service and also his promotion. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the submission made by the learned Additional Government Pleader appearing for the Respondents, that the petitioner will not be divested of his duties till a decision is taken, a direction is issued to the Respondents to take a decision on the Petitioner's request as expeditiously as possible and the Respondents also shall not give effect to the impugned order dated 12.01.2021 for a period of four weeks, from the date of the decision that may be taken. The decision taken shall be communicated to the Petitioner within one week thereafter and if he is aggrieved by the decision, it is open to him to challenge the same in accordance with law. The Writ Petition is disposed of with the above direction and observation. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ar To:

1. The Principal Secretary to Government State of Tamil Nadu, Department of Tourism and Culture and Religious Endowments, Fort St.George, Chennai-600 009.

2. The Commissioner of Tourism, Tamil Nadu Tourism Complex, No.2, Vallaja Road,Chennai-600 002.

+1 cc to M/S.L.P.Maurya,Advocate Sr No.13996 +1 cc to M/S.P.Karthikeyan, Advocate Sr.No.14612 +1 cc to Government Pleader Sr No.14843 W.P.No.5213 of 2021 04.03.2021 PL(CO) RG.28.04.2021(2p/6c) https://hcservices.ecourts.gov.in/hcservices/