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Madras High CourtWP/25975/2025allowed

C.Mohan v. The District Collector

2026-02-17Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P.Nos.29221 & 29223 of 2025 and 5382 of 2026 C.Mohan ..Petitioner(s) Vs

1. The District Collector, Tiruvallur District, 1st Floor, Collector Tiruvallur, Tamil Nadu - 602 001.

2. The District Adi Dravidar and Tribal Welfare Officer, Tirvallur, Tamil Nadu - 602 001.

3. The Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Tiruvallur, Tamil Nadu - 602 001.

..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 16.04.2025 vide E-809758/DADTLR/ 542/2024-J6 passed by the 1st respondent and quash the same and consequently direct the Respondents to reinstate the petitioner in service as Cook with continuity of service and all other attendant benefits.

For Petitioner(s) :

Mr.R.Abdul Mubeen For Respondent(s) :

Mr.M.Rajendiran, AGP

ORDER

This writ petition is filed to call for the records pertaining to the impugned order dated 16.04.2025 vide E-809758/DADTLR/ 542/2024-J6 passed by the 1st respondent and quash the same and consequently direct the Respondents to reinstate the petitioner in service as Cook with continuity of service and all other attendant benefits.

2. The case of the petitioner is that the petitioner pursued his primary studies i.e., I to VIII standard in T.E.L.C. Middle School, Periyakuppam, Thiruvallur from the year 1977 to 1984. Due to his family situation, he worked as a Cook in the house of Assistant Surgeon, Tamil Nadu Medical Service, Tiruvallur with effect from 14.02.1997 to 07.09.2000 and enrolled himself in the Tamil Nadu Employment exchange as a Cook. In the year 2001, he applied for the post of Cook in the Adi Dravidar and Tribal Welfare Department and he was directed to come for certification verification in a Government School, falling under the second respondent. At the time of certificate verification, the petitioner has produced a record sheet dated 15.07.1986, issued by the Headmaster, T.E.L.C. Middle School, Periyakuppam, Thiruvallur along with

other documents. Upon satisfaction, the second respondent issued an appointment order dated 16.07.2001 by appointing him as a Cook in the Government School, Minjur with effect from 16.07.2001 and completed his probation in the year 2002 and his service was regularized with effect from 19.07.2001.

3. It is the further case of the petitioner that he was sanctioned with increment for completing 20 years of unblemished service, based on the recommendation of the third respondent. Under this circumstances, the second respondent issued a notice to the petitioner, directing him to submit original birth certificate and mark sheet. However, without conducting any enquiry, the first respondent vide order dated 21.02.2024, removed the petitioner from service alleging that he has submitted fake certificate for obtaining Government employment, which was challenged before this Court in W.P.No.9379 of 2025 and this Court directed the respondents to conduct a proper enquiry and decide the matter. In the said enquiry, the Headmaster of T.E.L.C Middle School submitted a letter dated 20.01.2025 and 30.01.

2025 stating that the petitioner's name was not available in the academic year 1982-1983, 1983-84, 1984-85. Pursuant to the said reply of the headmaster, the first respondent removed the petitioner from service vide order dated 16.04.2025. Challenging the same, the petitioner has come forward with the present writ petition.

4. Learned counsel for the petitioner would submit that the petitioner was removed from service alleging that he has produced a bogus certificate for obtaining Government Employment, which is not sustainable. Even in the letter submitted by the Headmaster, T.E.L.C Middle School, he has stated that the petitioner's name was not appeared in the mark sheet and not mentioned that the record sheet produced by the petitioner is bogus. Accordingly, he prays for allowing this writ petition.

5. Per contra, learned Additional Government Pleader appearing for the respondents would submit that a copy of the said record sheet submitted by the petitioner was sent to the Headmaster, T.E.L.C. Middle School, Periyakuppam, Thiruvallur. In response, the Headmaster of the said school in his reply dated 20.01.2025 and 30.01.2025 had submitted that the entries available in the records purported to have been issued by him did not tally with the entries in the record sheet dated 28.06.1977 and further, the petitioner's name also does not find place in the said school records pertaining to the year 1982-83-, 1983-84 and 1984-85 and that said record sheet is a bogus and fabricated one. Accordingly, he prays for appropriate orders.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Admittedly, the petitioner was appointed as Cook in the year 2001 by the second respondent in Government School, Minjur, upon satisfaction on the educational qualification of the petitioner and his service was regularized with effect from 19.07.2001. However, after a lapse of 24 years, the present impugned order was passed by the first respondent as if the petitioner has produced a bogus certificate for obtaining Government Employment. To substantiate the said claim, the respondents have relied on the letter dated 30.01.2025 submitted by the Headmaster of T.E.L.C. Middle School, wherein the petitioner has completed his primary schooling.

On bare perusal of the said letter reveals that the Headmaster has mentioned that the petitioner's name was not available in the record sheet pertaining to the academic years 1982-83-, 1983-84 and 1984-85 and he has not stated anything that the said certificate is bogus or fabricated one. Since, the records pertains to the year 1977, it may not available in the hands of the Headmaster, which cannot be put against the petitioner. Hence, the impugned order dated 16.04.2025 passed by the first respondent is liable to be set aside. Accordingly, the same is hereby set aside. In the result, this writ petition stands allowed. Since the petitioner is not in employment for the past two years, the respondents are directed to reinstate the petitioner into service without backwages.

pension benefits. No costs. Consequently, connected miscellaneous petitions are closed.

17-02-2026 Index: Yes/No Speaking/Non-speaking order VM

To:

1. The District Collector, Tiruvallur District, 1st Floor, Collector Tiruvallur, Tamil Nadu 602 001.

2. The District Adi Dravidar and Tribal Welfare Officer, Tirvallur, Tamil Nadu 602 001.

3. The Special Tahsildar, Adi Dravidar and Tribal Welfare Department, Tiruvallur, Tamil Nadu 602 001

M.DHANDAPANI, J.

VM 17-02-2026