J.Lenin Raj v. The District Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.Nos.18024 & 18025 of 2021 (Through Video Conferencing) 1.J.Lenin Raj ... Petitioner in W.P.No.18024 of 2021 2.S.Saravanan ... Petitioner in W.P.No.18025 of 2021 Vs The District Manager, Tamilnadu State Marketing Corporation, Coimbatore (South), 4/5A, Sangampalayam, Coimbatore Road, Magalingapuram Post, Aachipatti, Pollachi - 642 002.

... Respondent in both W.Ps.

Prayer in both W.Ps: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider the representation made by the petitioner dated 22.03.2021 for re-instatement into service and grant such other further relief.

For Petitioner : R.Dhineshkumar (in both W.Ps) For Respondent : Mr.L.S.M.Hasan Fizal (in both W.Ps) Government Advocate COMMON ORDER The petitioners were placed under suspension order dated 28.01.2021. After lapse of 2 1⁄2 months, the petitioners had sent https://hcservices.ecourts.gov.in/hcservices/

representation to the respondent to recall the order. However, representation are not evoke any response.

2.The learned counsel for the petitioner submits that the order is liable to be revoke in the light of the observations of the decision of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India (2015) 7 SCC 291. 3.Considering the submissions made by the learned counsel for the petitioner and the learned Government Advocate, these writ petitions are disposed by directing the respondent to consider the representation of the petitioners in the light of the decision of the Hon'ble Supreme Court in the case of Ajay Kumar Choudhary Vs. Union of India (2015) 7 SCC 291 and pass appropriate orders on merits, in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar jas To:

The District Manager, Tamilnadu State Marketing Corporation, Coimbatore (South), 4/5A, Sangampalayam, Coimbatore Road, Magalingapuram Post, Aachipatti, Pollachi - 642 002.

+1cc to Mr.R.Dhinesh Kumar, Advocate, S.R.No.44060 +1cc to Mr.R.Dhinesh Kumar, Advocate, S.R.No.44061 (22/10/2021) W.P.Nos.18024 & 18025 of 2021 JPL(CO) SU(24/09/2021) https://hcservices.ecourts.gov.in/hcservices/