G.Rathinakumar v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19/3/2025 C O R A M The Hon'ble Ms.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition No.18784 of 2023 a n d W.M.P.No.18406 of 2023 G. Rathinakumar ...

Petitioner Vs

1. The Director Office of the Directorate of Municipal Administration 75 Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram Chennai 600 028.

2. The Commissioner Uthagamandalam Municipality Nilgiris District.

...

Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records from the second respondent in his impugned order dated 28/12/2022 in Na.Ka.No.AH2//11598/2022 to quash the same and issue consequential 1/4

directions to the respondents to reinstate the petitioner into service and to disburse with all service and monetary benefits. (Prayer amended vide, order dated 27/6/2023 made in W.M.P.No.18404/2023 in W.P.No.18784/2023 by MSRJ) For petitioner ...

Mr.A.M.Esakkiappan For respondents ...

Mr.S.Rajesh Government Advocate for R.1 Mr.P.Srinivas for R.2.

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O R D E R

This writ petition has been filed to quash the order dated 28/12/2022 passed by the second respondent in Na.Ka.No.AH2//11598/2022 and consequently, issue direction to the respondents to reinstate the petitioner into service and disburse all service and monetary benefits.

2. Brief facts which led to the filing of the writ petition are as follows:- The petitioner was appointed as Sanitary Inspector on 19/2/2014 in the office of the Commissioner, Nagercoil Municipality and thereafter, 2/4

transferred to the office of the second respondent. Due to his ill health, he had applied for medical leave during the month of December 2022, but the second respondent had issued suspension order dated 28/12/2022 stating that the petitioner has not participated in the training, viz., "Thooimai Bhartha Scheme". Hence the petitioner had made a representation dated 28/3/2023 to the respondents to review the suspension order and to reinstate the petitioner into service. Since there was no response, the petitioner has come forward with the instant writ petition praying for the relief as stated therein.

3. Heard Mr.A.M.Esakkiappan, learned counsel for the petitioner, Mr.S.Rajesh, learned Government Advocate for the first respondent and Mr.P.Srinivas, learned counsel for the second respondent.

4. Today, the learned counsel appearing for the second respondent produced a copy of the letter dated 30/8/2023 made in Na.Ka.No.1163/2023 by the Commissioner, Puliyampatti, wherein it is stated that in the vacancy post, the petitioner has been transferred from Udhagamandalam Municipality to Puliyampatti Municipality as Sanitary Inspector. 3/4

V.BHAVANI SUBBAROYAN,J mvs.

5. In such circumstances of the matter, nothing survives for further adjudication in this matter and accordingly, the same is dismissed as infructuous. No costs.

19/3/2025 mvs.

Index: Yes/No To

1. The Director Office of the Directorate of Municipal Administration 75 Urban Administrative Building Santhome High Road, MRC Nagar Raja Annamalaipuram Chennai 600 028.

2. The Commissioner Uthagamandalam Municipality Nilgiris District.

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