B.Arunkumar v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.Nos.23514 and 23517 of 2025 B. Arunkumar ...petitioner Vs
1. The Government of Tamil Nadu Rep by its Principal Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai - 600 009.
2. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping station road, Chintadripet, Chennai - 600 002.
3. The General Manager, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping station road, Chintadripet, Chennai - 600 002.
... Respondents 1/6
Prayer: Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 2nd respondent issued in proceedings No.CMWSSB/R&A/STF/RA1/3542/2025 dated 02.06.2025 and quash the same and consequently direct the respondents to permit the petitioner to be in service without any break in service within a reasonable period as may be fixed by this Court and pass orders.
For Petitioner :Mr.SN. Ravichandran For Respondent-1 : Mr.C.Selvaraj, Additional Government Pleader For Respondents 2 and 3 : Mr.Jerry V.V. Sundar, Standing counsel
O R D E R
This writ petition is filed to issue Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 2nd respondent issued in proceedings No.CMWSSB /R&A /STF/ RA1 /3542/ 2025 dated 02.06.2025 and quash the same and consequently direct the 2/6
respondents to permit the petitioner to continue in service without any break.
2. Mr.C.Selvaraj, learned Additional Government Pleader takes notice for the first respondent, Mr.Jerry V.V. Sundar, learned Standing counsel takes notice for the second and third respondents. 3.The learned counsel appearing for the petitioner would submit that the petitioner passed in the Tamil written test but in Viva-voce test he failed. Based upon the same, on 02.06.2025, the probation was cancelled and discharged from service. It is the submission of the petitioner that no notice was given prior to the issuance of the above order.
4. However, it is the submission of the respondents that they have acted in accordance with the service rules, and would further submit that the petitioner is having an alternate remedy and that if at all the petitioner has any grievance, he may only approach the appellate authority. He would further submit that his right of appeal mentioned in the impugned order. 3/6
5. In such view of the matter, and also in view of the availability of the alternate remedy, this Writ Petition is dismissed. However, liberty is given to the petitioner to approach the appellate authority by filing appeal, within a period of one week from the date of receipt of a copy of this order. On filing of such appeal, the appellate authority is directed to dispose of the same within a period of four weeks thereafter.
6. In the result, the writ petition is dismissed with the above directions. No costs. Consequently the connected miscellaneous petition is closed.
12.06.2025 smn Index : Yes/No Speaking order/non-speaking order Note: The Registry is directed to issue order copy on 12.06.2025. 4/6
To.
1. The Principal Secretary to Government Municipal Administration and Water Supply Department, Fort St. George, Secretariat, Chennai - 600 009.
2. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping station road, Chintadripet, Chennai - 600 002.
3. The General Manager, Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping station road, Chintadripet, Chennai - 600 002.
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C.KUMARAPPAN, J., smn and W.M.P.Nos.23514 and 23517 of 2025 12.06.2025 6/6