V.Jayaprakasam, v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 06.07.2018
CORAM
THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.11875 of 2018 and W.M.P.Nos.13857 & 13858 of 2018 V.Jayaprakasam
...Petitioner
Versus
1. The Director, Department of Sugar, No.690, Anna Salai, Chennai
2. The Chairman and Managing Director, Perambalur Sugar Mills Ltd., No.690, Anna Salai, Chennai
3. The Chief Executive Officer, Perambalur Sugar Mills Ltd., Eraiyur Post, Perambalur - 621 133
4. M/s.Kallakurichi - II Co Operative Sugar Mills Ltd., Rep.by its Managing Director, Kachirayapalayam, Kallakurichi Taluk, Villupuram District - 606 207. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of certiorarified mandamus calling for the records culminating in the order passed in proceedings No.1187/ 2000/E1 dated 04.04.2018, quash the same and consequently direct the respondents to retain the petitioner in the M/s.Perambalur Sugar Mills Ltd as Centrifugal Mate in the available vacancy.
For Petitioner : Mr.S.Senthil For RR 1 to 3 : Mr.L.P.Shanmugasundaram, Special Government Pleader For R4 : Mrs.T.Girija, Government Advocate
ORDER
The learned counsel appearing on behalf of the petitioner submits that now the petitioner wants to join in the post he has been posted and does not want to press the writ petition. However, the learned counsel would submit that the respondents be directed not to take any coercive action against him for non joining in the new place of posting pursuant to the order of transfer and to consider the petitioner's entitlement for pay and allowances for the aforesaid period by sanctioning the leave as available to him.
2. The learned counsel for the respondents 1 to 3 has no objection to consider the request of the learned counsel for the petitioner in this regard.
3. Considering the aforesaid fact, the writ petition stands closed with the order that the petitioner shall be allowed to join in the new place of posting. But for remaining absent from the date of transfer till the date of joining, no disciplinary proceedings shall be initiated against him as this Court had passed an interim order that no coercive action shall be taken against him for such non joining in the said post, and the petitioner be sanctioned with leave as available to him and pay and allowances for the aforesaid leave period as permissible to him, on his representation made in this regard. Consequently, connected miscellaneous petitions are closed. However, there shall be no order as to costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
lok To
1. The Director, Department of Sugar, No.690, Anna Salai, Chennai.
2. The Chairman and Managing Director, Perambalur Sugar Mills Ltd., No.690, Anna Salai, Chennai.
3. The Chief Executive Officer, Perambalur Sugar Mills Ltd., Eraiyur Post, Perambalur - 621 133.
4. The Managing Director, M/s.Kallakurichi - II Co Operative Sugar Mills Ltd., Kachirayapalayam, Kallakurichi Taluk, Villupuram District - 606 207.
+1cc to Mr.Senthil, Advocate Sr.44840 +1cc to Mr.L.P.Shanmugasundaram, Advocate Sr.44981 +1cc to M/S.T.Girija, Advocate Sr.44982 W.P.No.11875 of 2018 and W.M.P.Nos.13857 & 13858 of 2018 sv[co] srg 3/8/2018