S.Boopathi v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN S.Boopathi ... Petitioner Vs.

1.The Director -SASTA, Social Audit Society of Tamil Nadu, Panagal Maaligai, West Saidapet, Chennai - 600 015.

2.The Additional Collector (Development)/Project Director, District Rural Development Agency, Tiruvannamalai District.

3.The Assistant Director (Audit), Tiruvannamalai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to re-engage the petitioner as Block Resource Person in the light of the order passed by the Madras High Court in W.P.No.19335 and 18552 of 2023 order dated 29.08.2023 and Order passed by Madurai Bench of Madras High Court in W.A.(MD).No.1367 of 2024 order dated 14.08.2024 within a time period stipulated by this High Court.

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For Petitioner : Mr.T.Aswin Rajasimman For Respondents : Mr.G.Nanmaran Special Government Pleader

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the respondents to re-engage the petitioner as Block Resource Person in the light of the order passed by the Madras High Court in W.P.No.19335 and 18552 of 2023 order dated 29.08.2023 and Order passed by Madurai Bench of Madras High Court in W.A.(MD).No.1367 of 2024 order dated 14.08.2024 within a time period stipulated by this High Court.

3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel for the petitioner would submit that the 2/6

petitioner was working as Block Resource Person under the 1st respondent. The learned counsel for the petitioner would further submit that since he met with an accident during 2020, thereafter, he was not able to attend his work. In the meanwhile, the respondents disengaged all the employees, those who were working under the SASTA Scheme, which was challenged before the learned Single Judge in W.P.Nos.19335 and 18552 of 2023, wherein the learned Single Judge directed the respondents therein not to disengage the petitioners, which includes the present petitioners. Against which, the Government filed an appeal. The Division Bench of this Court, vide judgment in W.A.(MD).No.1367 of 2024, dated 14.08.2024 had confirmed the order of the learned Single Judge.

5. In pursuance thereof, the 1st respondent has passed an order on 02.02.2024 to reengage 28 persons, wherein the petitioner was arrayed as 26th person. It is the submission of the petitioner that at the relevant point of time he was in medical disability and was not in a position to join duty as directed in the Letter dated 02.02.2024. Now, that he recoverd from his ailment and he could join and do the work. Hence, he has sent a representation to the respondents on 16.04.2025 for reengagement and such 3/6

representation is pending with the respondents.

6. At this juncture, the learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation would be considered according to it's own merits and in accordance with law, within a reasonable time.

7. In such view of the submission, without going into the merits of the writ petition, this Court deems it appropriate to direct the respondents to consider the petitioner's representation dated 16.04.2025 and pass orders on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.

8. With the above direction, the Writ Petition is disposed of. No costs. 02.07.2025 Index : Yes/No Speaking order /Non Speaking Order dm 4/6

To 1.The Director -SASTA, Social Audit Society of Tamil Nadu, Panagal Maaligai, West Saidapet, Chennai - 600 015.

2.The Additional Collector (Development)/Project Director, District Rural Development Agency, Tiruvannamalai District.

3.The Assistant Director (Audit), Tiruvannamalai District.

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C.KUMARAPPAN, J.

dm 02.07.2025 6/6