M.Savitha Saraswathy v. The Member Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and W.M.P.No.25580 of 2025 M.Savitha Saraswathy ... Petitioner Vs.

The Member Secretary, Chennai Metropolitan Development Authority, (Administrative Division), Chennai - 600 008.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, seeking for an issuance of writ of certiorarified Mandamus, to quash the order dated 31.01.2023 in Proc.No.E9/1616/2020-2, issued by the respondent terminating the services of the petitioner and further to direct the respondent to reinstate the petitioner in service as Messenger with all consequential benefits including arrears of salary and continuity of service. For Petitioner : Mr.K.Shahul Hameed For Respondents : Mr.R.Thamarai Selvan Standing Counsel

ORDER

The writ petition is filed challenging the termination order issued by the respondent to the petitioner vide proceedings dated 31.01.2023. 2.

The case of the petitioner is that, she was appointed as Messenger in the respondent office on 24.02.2021. After eight months of service, she was issued with the impugned termination order dated 31.01.2023. Challenging the said termination order, the present writ petition has been filed.

3.

Learned Counsel for the petitioner would submit that the petitioner has been wrongly terminated from service vide order dated 31.01.2023. Hence prayed to interfere with the same. 4.

While looking at the impugned order, it is amply clear that the petitioner has a right to prefer an appeal before the Vice-Chairman, CMDA within a period of 30 days from the date of the receipt of the said order.

5.

It is a well settled principle of law that whenever alternate remedy is available, the writ petition would be maintenable, if such order has been passed by an incompetent person or in violation of fundamental right and principles of natural justice. In the case on hand, it is not the defence of the petitioner. In such view of the matter, this Court does not find any merits in the writ petition.

In the result, the Writ Petition stands dismissed. However, the petitioner is given liberty to approach the appellate Authority within a period of 15 days from today in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

25.06.2025 veda Index:Yes Speaking order To The Member Secretary, Chennai Metropolitan Development Authority, (Administrative Division), Chennai - 600 008.

C.KUMARAPPAN, J.

veda 25.06.2025