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Madras High CourtWP/5380/2023disposed of

J.Nirmala Devi v. The Commissioner

2023-06-07Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.P.Nos.5399 & 5400 of 2023 J.Nirmala Devi

...Petitioner

Vs 1.The Commissioner, O/o. The Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Regional Deputy Commissioner (Central), The Greater Chennai Corporation, No.36B, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

3.The Zonal Officer - VIII, The Greater Chennai Corporation, No.36B, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records related to the impugned proceedings dated 05.04.2013 bearing 1/4

Na.Ka.No.C3/3214/2013 passed by the Zonal Officer - VIII of the Greater Chennai Corporation the 3rd respondent herein and quash the same as illegal, against natural justice and well established law and consequently reinstate the petitioner in service. For Petitioner : Mr.V.R.Appaswamee For Respondents : Mr.S.Gopinathan

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The order of suspension, suspending the petitioner from service, is put under challenge in the present Writ Petition.

3. Pursuant to the suspension order, departmental proceedings were initiated against the petitioner herein. On 16.03.2023, the departmental proceeding, as against the petitioner, was dropped and the suspension order was also revoked. This apart, the suspension period was ordered to be treated as duty period. In view of the order passed on 2/4

16.03.2023, the prayer sought for in the present Writ Petition has become infructuous.

4. By taking into consideration the order of the second respondent dated 16.03.2023, the petitioner is granted liberty to approach the second respondent with a representation seeking for all the monetary benefits to which she may be entitled to and on receipt of such a representation, the second respondent shall pass appropriate orders, within a period of four weeks therefrom.

5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 07.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Commissioner, O/o. The Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

2.The Regional Deputy Commissioner (Central), The Greater Chennai Corporation, No.36B, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

3.The Zonal Officer - VIII, The Greater Chennai Corporation, No.36B, Pulla Avenue, Shenoy Nagar, Chennai - 600 030.

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