Durga v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-07-2026
CORAM
THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP No.15458 of 2026 Durga ..Appellant(s) Vs
1. The Secretary Social Welfare and Nutritious Meal Programme Department Fort St.George, Chennai 9
2. The District Collector Vellore District.
3. The District Programme Officer Integrated Child Development Services (ICDS) Vellore District.
4. The Child Development Program Officer Madhanor, Vellore District.
..Respondent(s) Writ Appeal filed under Clause 15 of Letters Patent seeking to set aside the order dated 20/02/2026 made in WMP No.372/2026 in W.P.No.37864/2025. For Appellant(s):
Mrs.R.T.Sundari For Respondent(s):
Mr.R.Veeramani Government Pleader
JUDGMENT
(Judgment of the Court was delivered by The Chief Justice) The writ appeal challenges the order dated 20.2.2026 passed in WMP No.372 of 2026 in W.PNo.37864 of 2025 whereby the learned Single Judge has vacated the interim order granted on 3.10.2025, which gave the appellant a temporary protection against removal from service.
2. The interim order was vacated on the ground that learned counsel for the appellant did not appear in the case on two occasions, in spite of the fact that the matter was adjourned at the instance of learned counsel for the appellant.
3. The appointment order of the appellant was challenged by one T.Susithra in W.P.No.26893 of 2017 and vide order dated 22.09.2022, the appointment order of the appellant was set aside with a direction to conduct fresh selection by following the procedure as contemplated. Subsequently, the appellant was relieved from service by the order of the District Collector, Vellore dated 15.09.2025. The said order is under challenge in the main writ petition in W.P.No.37864 of 2025. While so, vide order dated 3.10.2025, an interim order was granted directing not to disturb the services of the appellant and now, it stands vacated.
4. Admittedly, no appeal has been filed challenging the order dated 22.09.2022 passed in W.P.No.26893 of 2017, which alone gave rise to the present cause of action, meaning thereby the appellant is out of service. Even if stay is vacated, no prejudice would be caused to the appellant. The learned
Single Judge has not committed any error in vacating the interim order. The writ appeal has no merit or substance. Accordingly, the same is dismissed. No costs. The connected miscellaneous petition is closed. (SUSHRUT ARVIND DHARMADHIKARI, C.J.) (G.ARUL MURUGAN J.) 01-07-2026 Index: Yes/No Speaking/Non-speaking order ssk To
1. The Secretary Social Welfare and Nutritious Meal Programme Department Fort St.George, Chennai 9
2. The District Collector Vellore District.
3. The District Programme Officer Integrated Child Development Services (ICDS) Vellore District.
4. The Child Development Program Officer Madhanor, Vellore District.
SUSHRUT ARVIND DHARMADHIKARI, C.J.
AND G.ARUL MURUGAN, J.
ssk 01-07-2026