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Madras High CourtWP/8249/2022dismissed

K.Mohan Kumar v. The Director

2024-07-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Mohan Kumar ... Petitioner Vs

1. The Director Directorate of Tribal Welfare Government of Tamilnadu, Ezhilagam, Chennai.

2. The District Collector, Collecterate of Salem District, Salem.

3. The District Project Officer (PO) District Tribal Welfare Office, Salem Collecterate, Salem.

...

Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 & 3 reinstate the petitioner to the post of driver before the third respondent office on the basis of the representation made by the petitioner on 24.07.2019. 1/4

For Petitioner : No appearance For Respondents : Mr. V.P.R.Elamparithi Additional Government Pleader

O R D E R

This writ petition is filed for a direction to the respondents 1 & 3 to reinstate the petitioner to the post of driver before the third respondent office, by considering his representation dated 24.07.2019.

2. The petitioner was appointed as driver for consolidated basis in the third respondent office and he joined duty on 27.11.2017. While being so, the petitioner was absent from his duty during March 2019, to attend his 10th standard examination. Therefore, the service of the petitioner was terminated and he was relieved from service on 15.04.2019.

3. On perusal of the relieving order dated 15.04.2019, it is seen that the services of the petitioner cannot be utilised during emergency, since has to reach the office by travelling 50 kms away from the office and as such, his service is not required by the third respondent. Therefore, the representation submitted by the petitioner cannot be considered. 2/4

4. In view of the above, this Court finds no infirmity or illegality in the impugned order passed by the third respondent and the Writ Petition is devoid of merits. Accordingly, this writ petition is dismissed. No costs. 04.07.2024 Index:Yes/No av To

1. The Director Directorate of Tribal Welfare Government of Tamilnadu, Ezhilagam, Chennai.

2. The District Collector, Collecterate of Salem District, Salem.

3. The District Project Officer (PO) District Tribal Welfare Office, Salem Collecterate, Salem.

3/4

G.K.ILANTHIRAIYAN, J.

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