D.D. Geetha, v. The Director / Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08-09-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.28217 of 2015 and M.P.No.1 of 2015 D.D.Geetha .. Petitioner vs 1.The Director/Commissioner of Sugars 675, Periyar Buildings Anna Salai, Nandanam Chennai 2.The Managing Director/Chairman The Dharmapuri District Cooperative Sugar Mills Polytechnic College, Palacode Dharmapuri District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to reinstate the petitioner, who is removed orally from the post of Workshop Instructor by the second respondent with effect from 2.6.2014, in any other alternate post and regularize her service from the date of her initial appointment with all the arrears of salary and attendant benefits.

For Petitioner : Mr.V.Jeevagiridharan For Respondents : Mr.R.Bala Ramesh Additional Government Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would state that she studied Diploma in Computer Engineering and also B.E. in Electrical and Communication Engineering, and was appointed as a Workshop Instructor in the services of the second respondent-College on 2.6.2008, and she continued to work in that capacity, for nearly10 years and all of a sudden, was orally terminated from service, without any notice and in this regard, has submitted a representation dated 3.2.2015, praying for employment in accordance with her qualification. 3.The learned Counsel appearing for the petitioner, would submit that the petitioner has been orally terminated from service without any notice whatsoever, and it would suffice to direct the https://hcservices.ecourts.gov.in/hcservices/

second respondent to consider and dispose of her representation in accordance with law, as expeditiously as possible. 4.Per contra, Mr.R.Bala Ramesh, learned Additional Government Pleader, who accepts notice on behalf of the respondents, would submit that the second respondent has sent a communication dated 7.5.2015, stating that the appointment of the petitioner was only on ad hoc/temporary basis, and since there is no enough response from the students, who are getting admitted in the second respondentInstitution, it was felt that there was no requirement of keeping the petitioner in service and accordingly, her services were terminated and it is not a stigmatic termination and hence, prays for dismissal of the writ petition.

5.This Court has carefully considered the rival submissions and also perused the materials placed before it. 6.Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the second respondent to consider the petitioner's representation dated 3.2.2015, in accordance with law and pass orders thereon within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To:

1.The Director/Commissioner of Sugars 675, Periyar Buildings Anna Salai, Nandanam Chennai.

2.The Managing Director/Chairman Dharmapuri District Cooperative Sugar Mills Polytechnic College, Palacode Dharmapuri District.

1 cc to Mr.V.Jeevagiridharan , Advocate Sr.No.48734 1 cc to Mr. R.Bala Ramesh, Advocate Sr.No.48819 1 cc to Government Pleader.Sr.No.48999 nsv W.P.No.28217 of 2015 lrs(co) pmk.23.09.2015 https://hcservices.ecourts.gov.in/hcservices/