K.Shanthi v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:20.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.8909 of 2022 & W.M.P.Nos.8759 & 13932 of 2022 K.Shanthi ... Petitioner vs.
1 The Government of Tamil Nadu, Represented by Principal Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai 9.
2 The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai 15
...Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorarified Mandamus calling for the records on the file of the 2nd respondent in proceeding No. Na. Ka.No. 11498 / 2022 / General / 1.2 dated 07.03.2022 and quash the same and to direct the 2nd respondents herein to allow the petitioner to continue to serve in the same post and station in implementation of the order issued by the 2nd respondent in Na.Ka. No. 11498 / 2022/ General / 1.2 dated 26.02.2022. 1/5
For Petitioner : Mr.M.Ravi For Respondents : Mr.R.Neelakandan, Additional Advocate General Assisted by Mr.T.Chezhiyan, Additional Government Pleader
ORDER
The petitioner has challenged the order dated 07.03.2022 under which the earlier order dated 26.02.2022 passed by the second respondent granting temporary relinquishment to the petitioner was recalled.
2. Admittedly, the relinquishment order was earlier issued in favour of the petitioner on 26.02.2022 under which, a request for not promoting her was accepted. However, the impugned order dated 07.03.2022 recalling the earlier relinquishment order dated 26.02.2022 has been passed which is the subject matter of challenge in this writ petition.
3. Heard Mr.M.Ravi, learned counsel for the petitioner and Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.T.Chezhiyan, learned Additional Government Pleader appearing for the respondents.
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4. Learned Additional Advocate General appearing for the respondents on instructions, on the last hearing date i.e., on 18.10.2022 submitted that the earlier relinquishment order dated 26.02.2022 passed in favour of the petitioner based on the petitioner's request will be implemented and the impugned order dated 07.03.2022 under which the earlier order was recalled can be quashed by this Court.
5. In view of the undertaking given by the respondents through learned Additional Advocate General, the impugned order dated 07.03.2022 passed by the second respondent is hereby quashed and the writ petition is allowed in part, insofar as the first limb of the prayer of this writ petition is concerned. Insofar as the second limb of the prayer in this writ petition is concerned, being a consequential prayer, this Court is not expressing any opinion with regard to the same. No costs. Consequently, connected miscellaneous petition is closed.
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To 1 The Government of Tamil Nadu, Represented by Principal Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai 9.
2 The Director, Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai 15 4/5
ABDUL QUDDHOSE, J.
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