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Madras High CourtWP/7127/2025dismissed

Thondeeswaran v. The Secretary To Government

2025-02-28Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN Thondeeswaran ... Petitioner Vs

1. The Secretary to Government of Tamil Nadu Labour and Employment (NI) Department Fort St.George, Chennai 600 009.

2. The Director of Employment and Training SIDCO Industrial Estate Guindy Chennai 600 032. ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the respondents to pass appropriate order, allowing the petitioner to retire from service as District Employment Officer, Labour and Employment (NI) Department, Tamil Nadu with effect from 28.02.2025 (i.e.,) on the date of petitioner's superannuation.

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For Petitioner : Mr.S.Suresh For Respondents : Mr.M.Shahjahan Special Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus to direct the respondents to pass appropriate order, allowing the petitioner to retire from service as District Employment Officer, Labour and Employment (NI) Department, Tamil Nadu with effect from 28.02.2025 (i.e.,) on the date of his superannuation.

2. Though the prayer is very innocuous, the learned Special Government Pleader pointed out that as against the petitioner, FIR in Crime No.7 of 2023 had been registered by the Crime Branch, Sivagangai for commission of offence under Section 409 & 466 of IPC. After filing final report, the same was taken cognizance in C.C.No.122 of 2024 and trial is still pending before the learned Judicial Magistrate, 2/4

Sivagangai.

3. In view of that particular fact, mandamus cannot be issued to direct the respondents to permit the petitioner to retire. Such order cannot be issued by this Court.

4. Accordingly, the writ petition stands dismissed. No costs. 28.02.2025 dpq Index: Yes/No Speaking order / Non speaking order To

1. The Secretary to Government of Tamil Nadu Labour and Employment (NI) Department Fort St.George, Chennai 600 009.

2. The Director of Employment and Training SIDCO Industrial Estate Guindy Chennai 600 032.

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C.V.KARTHIKEYAN, J.

dpq 28.02.2025 4/4