C.Diwakar v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2017

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.No.9101 of 2015 C.Diwakar ... Petitioner Vs 1.The Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai - 9.

2.The Commissioner and Director Animal Husbandry and Veterinary Service, D.M.S. Compound, Chennai - 6.

3.The Regional Joint Director, Animal Husbandry Department, Kancheepuram.

4.The Deputy Director of Animal Husbandry, Cattle Breeding and Fodder Development, Chitlapakkam, Chennai - 64.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of the fourth respondent in his proceeding in Roc.No.481/B/2014, dated 09.03.2015, and quash the same and consequently direct the respondents to reinstate him into service, determine the date of probation by appointing on regular basis as per Rule 23(a)(i) of Tamil Nadu State and Subordinate Service Rules.

For petitioner : Mr.P.Veeraraghavan For Respondents: Mr.V.Jayaprakash Narayanan, Spl.GP

O R D E R

By way of filing this writ petition, the petitioner seeks to quash the impugned proceedings dated 09.03.2015 of the fourth respondent / the Deputy Director of Animal Husbandry,

Cattle Breeding and Fodder Development, Chennai, in and by which, the petitioner was terminated from service.

2. Heard the learned counsel appearing on either side.

3. The petitioner was appointed as Junior Assistant on compassionate ground by the second respondent on 06.02.2008. Subsequently, on transfer, while he was working in the office of the fourth respondent, he was terminated from service by the fourth respondent on 09.03.2015 on the ground that he did not pass the Tamil Language test.

4. When the matter is taken up today, learned counsel appearing on both sides brought to the notice of this Court a proceeding dated 21.02.2017 of the second respondent, wherein it is stated that since the petitioner has passed the Tamil Language Test, he would be reinstated in service as soon as he withdraws the writ petition filed by him challenging the order of termination. On the basis of this proceeding, learned counsel for the petitioner sought permission of this Court to close the writ petition, as the petitioner is going to reinstated in service.

5. Thus, by placing on the above said proceedings dated 21.02.2017 on record and also by recording the above said submission of the learned counsel for the petitioner, the writ petition is closed. No Costs. M.P.No.1 of 2015 is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Secretary to Government, Animal Husbandry, Dairying and Fisheries Department, Fort St. George, Chennai - 9.

2.The Commissioner and Director Animal Husbandry and Veterinary Service, D.M.S. Compound, Chennai - 6.

3.The Regional Joint Director, Animal Husbandry Department, Kancheepuram.

4.The Deputy Director of Animal Husbandry, Cattle Breeding and Fodder Development, Chitlapakkam, Chennai - 64.

+1cc to Mr.P.Veeraraghavan, Advocate Sr.14681 +1cc to the Government Pleader Sr.14865 W.P.No.9101 of 2015 nrii[co] srg 10/3/2017