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Madras High CourtWA/734/2016dismissed as infructuous

Dr.P.Thambidurai, v. The Government Of Puducherry,

2023-07-25Honourable Mr Justice R. Suresh Kumar,Honourable Mr Justice K.Kumaresh Babu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.07.2023

CORAM

THE HONOURABLE MR. JUSTICE R.SURESH KUMAR AND THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and C.M.P.Nos.9494, 9495 and 11020 of 2016 and W.M.P.No.35759 of 2016 W.A.Nos.734 and 735 of 2016 Dr.P.Thambidurai ... Appellants in both W.As.

Vs

1. The Government of Puducherry, Rep. By its Chief Secretary, Chief Secretariat, No.1, Goubert Avenue (Beach Road), Puducherry - 605 001.

2. The Secretary to Government (Education)-cum-Chairman, Perunthalaivar Kamarajar Insitutue of Engineering and Technology (PKIET), Government of Puducherry, Chief Secretariat, No.1, Goubert Avenue (Beach Road), Puducherry - 605 001.

3. The Director of Higher and Technical Education(DHTE) Government of Puducherry, Lawspet, Puducherry - 605 008.

... Respondents in W.As.

Page No.1/6

W.P.No.41767 of 2016 Dr.P.Thambidurai, Principal-in-charge, Perunthalaivar Kamarajar Insitute of Engineering and Technology (PKIET) Karaikal, Union Territory of Puducherry.

... Petitioner Vs.

1. Union of India, Rep. By the Chief Secretary, Chief Secretariat, Government of Puducherry, Puducherry - 605 001.

2. The Secretary (Higher and Technical Education)- cum-Chairman, PKIET, Chief Secretariat, Government of Puducherry, Puducherry - 605 001.

3. The Director, Directorate of Higher and Technical Education, Government of Puducherry, Lawspet, Puducherry - 605 008.

4. The Collector, Government of Puducherry, Collectorate, Puducherry, Puducherry.

5. R.Buvaneswari

6. Central Administriave Tribunal - Madras Bench, Rep. By its Registrar, High Court Campus, Chennai - 600 104.

.. Respondents.

Page No.2/6

PRAYER in W.A.Nos.734 & 735 of 2016: Writ Appeals filed under Clause 15 of Letters Patent Act, to set aside the order dated 08.06.2016 passed in W.P.Nos.19301 & 19302 of 2016.

PRAYER in W.P.No.41767 of 2016: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the orders of the 6th respondent Tribunal dated 04.10.2016 in M.A.Nos.537, 538 and 719 of 2016 in M.A.926 of 2015 in unnumbered RA in O.A.511 of 2010 and quash the same as being illegal, arbitrary, unjust and beyond jurisdiction. For Appellants : Mr.V.Govardhanan [in both W.As.] for M/s.Row and Reddy For Respondent : Mr.R.Sreedhar [in both W.As.] Additional Govt. Pleader [Puducherry] W.P.No.41767/2016 For Petitioner : No appearance For Respondents : Mr.R.Sreedhar Additional Govt. Pleader [Puducherry] [R1 to R4] No appearance [R5 and R6] Page No.3/6

JUDGMENT

(Judgment of the Court was made by Mr.R.SURESH KUMAR,J.) Mr.V.Govardhanan, learned counsel appearing for the appellant, on instructions would submit that, since the appellant sought for appointment and posting as a Principal in Government Engineering College at Puducherry, which was turned down he had approached the Writ Court and filed writ petitions and that become unsuccessful. He would also submit that, since the appellant has already superannuated nothing effectively can be persuaded further in these appeals. Therefore, virtually it become infructuous, he contended.

2. The said submission made by the learned counsel appearing for the appellant is taken on record and accordingly, these appeals are dismissed as infructuous.

3. In view of the said dismissal of the writ appeals having become infructuous, the prayer sought for in the writ petition i.e., in W.P.No.41767 of 2016 also has become infructuous. Therefore, this writ Page No.4/6

petition is also dismissed as infructuous. No costs. Connected miscellaneous petitions are closed.

(R.S.K.,J.) (K.B., J.) 25.07.2023 Index: Yes/No Speaking Order/Non Speaking Order mp Page No.5/6

R.SURESH KUMAR., J.

and K.KUMARESH BABU.,J.

mp 25.07.2023 Page No.6/6