B. Pingalan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2024

CORAM

THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE B.Pingalan .. Appellant Vs.

1.The Government of Tamil Nadu Rep. by its Secretary Rural Development Department Fort St. George, Chennai 9 2.The District Collector Chairman, Dharmapuri District Social Economic Development Society Dharmapuri .. Respondents Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 18.02.2021 passed by the learned Single Judge in W.P.No.17976 of 2010. For Appellant : Mr.J.Melwin Jabaz For Respondents : Mrs.V.Yamuna Devi Special Government Pleader 1/4

J U D G M E N T

(Delivered by S.S.SUNDAR, J.) Challenging the order dated 18.02.2021 passed by the learned Single Judge in W.P.No.17976 of 2010, the writ petitioner has preferred this writ appeal.

2. On the admitted facts, this Court finds that the appellant was initially appointed temporarily on 13.03.1988 as Computer Programmer Assistant in Dharmapuri Development Corporation, which was formed to undertake the project sponsored by the Government of India. Though the appellant worked for a few years in the said Corporation, the Government had decided to wind up the said Corporation, after the project. At the time of winding up, the appellant was not actually transferred or deputed to any other Corporation. However, when Tamil Nadu Pudhu Vazhvu Society was constituted, the appellant was accommodated w.e.f. 21.07.2006.

3. It is admitted that the appellant was also relieved from service w.e.f. 27.03.2007. Thereafter, the appellant has filed a writ petition for issuance of a writ of mandamus for a direction to the respondents to give employment to the appellant with retrospective effect with all back wages and attendant benefits from 27.03.2007.

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4. It was pointed out by the learned Single Judge, while dismissing the said writ petition that the appellant had not challenged his non-employment w.e.f. 27.03.2007. The appellant is unable to produce the records to show that he was an employee of the respondent corporation. Further, the appellant has not challenged his non-employment from 2007 and has filed a writ petition in 2010, for issuance of a writ of mandamus directing the respondent to give employment to the appellant with all back wages and attendant benefits w.e.f. 27.03.2007, which is not convincing.

Therefore, this Court is of the view that the order of the learned Single Judge does not warrant any interference and this writ appeal stands dismissed. No costs.

[S.S.S.R.,J.] [A.D.M.C., J.] 22.10.2024 Index : Yes/No gya 3/4

S.S.SUNDAR, J.

AND A.D.MARIA CLETE, J.

gya To 1.The Secretary to Government Rural Development Department Fort St. George, Chennai 9 2.The District Collector Chairman, Dharmapuri District Social Economic Development Society Dharmapuri 22.10.2024 4/4