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Madras High CourtWP/8951/2013dismissed

R.Tamilselvan v. The District Collector

2020-08-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 20.08.2020

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No. 8951 of 2013 and M.P.No.1 of 2013 R.Tamilselvan .. Petitioner - Vs -

1. The District Collector, Perambalur.

2. The District Backward Classes & Minorities Welfare Officer, Trichy District, Trichy.

3. The District Backward Classes & Minorities Welfare Officer, Perambalur District, Perambalur.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of Mandamus, directing the first respondent to take note of the recommendation made by the 3rd respondent vide his letter dated 8.4.11 and also the arbitrary disengagement of the petitioner for taking leave for the period of 6 1⁄2 months without following any procedure prescribed by law with continuity of service and all other monetary and service benefits.

For Petitioner : Rajamani for M/S.R.Singaravelan For Respondents: Mr.S.Thangavel, Spl.G.P

ORDER

This Writ Petition has been filed by the petitioner, to direct the first respondent to take note of the recommendation made by the 3rd respondent vide his letter dated 8.4.11 and also the arbitrary disengagement of the petitioner for taking leave for the period of 6 1⁄2 months without following any procedure prescribed by law and reinstate the petitioner with continuity of service and all other monetary and service

benefits.

2.The case of the petitioner is that the petitioner was working as Assistant Cook in Most Backward Class Boy's Hostel, Udayarpalayam on consolidated pay of Rs.100/- per month in the year 1995 and subsequently without any leave application he absented from duty for a period of 6 1⁄2 months. Thereafter, he made a representation to the respondents for further engagement , however his request was rejected on 4.6.1999. Challenging the said rejection order, the petitioner filed original application in O.A.No.5987 of 1999, before the Tamil Nadu State Administrative Tribunal, Madras Bench and on abolition of the Tribunal, the application was transferred to the file of this Court and renumbered as WP.42720 of 2006. This Court by its order dated 16.2.

2010, dismissed the petition by granting liberty to the petitioner to make a representation and a further direction to the respondent to dispose of the said representation made by the petitioner in accordance with law. Since no order was passed, left with no other alternative the petitioner filed the present writ petition with the above said prayer.

3.Learned counsel appearing for the petitioner submitted that though the earlier relief for engagement of Assistant was negatived by the authority/2nd respondent and this Court also rejected prayer and confirmed the impugned order by granting liberty, however till date no order was passed. Hence this Court may issue a direction to the 1st respondent to take note of the recommendation made by the 3rd respondent and pass orders in favour of the petitioner.

4. On the above contention, this Court heard the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

5. The facts in the present case are not in dispute. From the material available it transpires that the petitioner, without proper application and permission for leave, absented himself from duty for more than 6 1⁄2 months, which is nothing but abandoning the said post. Further to the explanation submitted by the petitioner for the notice from the respondent, the impugned proceedings were passed as the leave rules are not applicable to the petitioner. The earlier round of litigation ended only in this Court permitting the petitioner to submit a representation and a direction to the respondent to consider the same in accordance with law. There was no positive direction from this Court. In the present case, when the matter was entertained by this Court in the year 2013, no interim order was passed and almost seven years have passed since the filing of the present writ petition and the petitioner having been removed

from the post since the year 1999, almost two decades have passed and the petitioner having not enjoyed any interim protection from this Court either in the earlier round of litigation or even in this present petition, this Court is of the opinion that the relief sought for by the petitioner at the distant point of time cannot be entertained and deserves to be dismissed.

6. For the reasons aforesaid, this Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. However, there shall be no order as to costs. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar jrs To 1.The District Collector, Perambalur.

2.The District Backward Classes & Minorities Welfare Officer, Trichy District, Trichy.

3.The District Backward Classes & Minorities Welfare Officer, Perambalur District, Perambalur.

+1cc to Government Pleader, Sr.No.27509 W.P. NO.8951 OF 2013 GMR(CO) GS(19/10/2020)