K.Janaki v. The Principal District Judge

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2021 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.17933 of 2021 K.Janaki ..

Petitioner Vs.

1. The Principal District Judge Salem Salem District.

2. The Chief Administrative Officer Principal District Court Salem Salem District.

3. The Registrar General High Court Madras.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records relating to proceedings in A.No.10/A/2021 dated 25.01.2021 passed by the first respondent, quash the same to the extent of withholding the petitioner's redeployment as Bench Clerk Grade III and consequently, direct the respondents to redeploy the petitioner as Bench Clerk Grade III by placing her name at Serial No.2 in the redeployment order of 1st respondent dated 25.01.2021.

For the Petitioner : Mr.S.Sathiaseelan For Mr.M.Elango For the Respondents : Mr.M.Santhanaraman

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) In this writ petition, a challenge has been made to the order dated 25.01.2021 passed by the first respondent. By the said order, certain officials were redeployed to the post of Bench Clerk Grade III. However, the petitioner was denied redeployment in view of the currency of punishment.

2. Learned counsel for the petitioner submitted that the first respondent has wrongly construed redeployment as promotion and therefore, deprived the petitioner from being redeployed as Bench Clerk Grade III, without considering the fact that currency of punishment is not a bar for redeployment.

3. Learned counsel for the respondents referred to the order dated 29.09.2021 in W.P.No.5696 of 2021 in the case of V.Rajasekaran v. The Principal District Judge, Salem, wherein, the order under challenge herein was examined by this Court. The said writ petition was disposed of without interfering with the order dated 25.01.2021, but with certain observations.

4. Learned counsel for the respondents submitted that the present writ petition is covered by the order dated 29.09.2021 and therefore, the writ petition may be disposed of on the same terms.

5. We have considered the rival submissions of the parties. We find that the impugned order dated 25.01.2021 was challenged in W.P.No.5696 of 2021 on the same grounds as raised in the present writ petition. Therefore, we find reasons to accept the prayer made by the respondents and accordingly, this writ petition is disposed of in terms of the order dated 29.09.2021 made in W.P.No.5696 of 2021.

There will be no order as to costs. Consequently, WMP Nos.19140 and 19142 of 2021 are closed.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar kpl

To:

1. The Principal District Judge Salem Salem District.

2. The Chief Administrative Officer Principal District Court Salem Salem District.

3. The Registrar General High Court Madras.

W.P.No.17933 of 2021 MG(CO) CB(22/12/2021)