E.Prabavathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN E.Prabavathy ... Petitioner Vs.

1.The District Collector, (Noon meal), Cuddalore District, Cuddalore 2.The Commissioner, Virudhachalam Municipality, Virudhachalam Taluk, Cuddalore District ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the concerned records relating to the impugned order dated 15.07.2020 vide Na.Ka.Pidi.1/401/2020 passed by the first respondent and quash the same and consequently directing the respondents to settle the petitioner's retirement benefits including the monetary and other consequential benefits to which the petitioner is entitled to in law. For Petitioner : Mr.M.Gnanasekar 1/7

For Respondents For R1 : Mr.S.Jayachandran For R2 : No appearance

ORDER

This writ petition has been filed challenging the order passed by the first respondent dated 15.07.2020 thereby rejected the request made by the petitioner to reinstate her in the post of Noon Meal Organizer.

2.

The petitioner was originally appointed as Noon Meal Organizer by an order dated 29.01.1983 on temporary basis, that too under consolidate salary. While being so, the petitioner committed illegality and also misappropriated Government fund to the tune of Rs.28,017/-. Therefore, the petitioner was suspended from service by an order dated 16.09.1989. Subsequently, recovery proceedings were initiated and ordered to recover the sum which was misappropriated by the petitioner. Thereafter in the year 2019, the petitioner submitted representation to revoke the order of suspension. However, it was pending and as such, the petitioner filed writ petition before this Court in 2/7

WP.No.32229 of 2019 and this Court directed to consider the representation submitted by the petitioner by an order dated 18.11.2019. Thereafter, as directed by this Court, the first respondent passed order thereby rejected the request made by the petitioner. 3.

The learned counsel appearing for the petitioner would submit that originally the petitioner was appointed as Noon Meal Organizer and subsequently she was suspended from service. Without conducting enquiry and without any disciplinary proceedings, the petitioner was kept under suspension for the past thirty years. The petitioner was not settled with any amount.

4.

On perusal of records, revealed that the petitioner's appointment was temporary in nature and one of the condition was that at any time, she would be terminated from service if her service is not satisfied for the respondents. The petitioner involved in illegality and also misappropriated Government fund to the tune of Rs.28,017/-. Therefore, the recovery proceedings were initiated as against the petitioner and the 3/7

first respondent rightly rejected the representation submitted by the petitioner. As such, this Court finds no infirmity or illegality in the impugned order and this writ petition is devoid of merits and liable to be dismissed.

5.

Accordingly, this writ petition is dismissed. There shall be no order as to costs.

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To 1.The District Collector, (Noon meal), Cuddalore District, Cuddalore 2.The Commissioner, Virudhachalam Municipality, Virudhachalam Taluk, Cuddalore District 5/7

G.K.ILANTHIRAIYAN, J.

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