Mr.M.Natarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.24273 of 2024 Mr.M.Natarajan ... Petitioner Vs.

1.The District Collector, Cuddalore District, Cuddalore.

2.The Block Development Officer, Kurinjipadi Panchayat Union, Kurinjipadi, 3.The Panchayat President, Agaram Panchayat, Kurinjipadi, Cuddalore District.

4.The Panchayat Secretary, Kurinjipadi Panchayat Union, Kurinjipadi, ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to implement the order passed by the 2nd respondent in Na.Ka.No.Aa3/271/2022, dated 16.12.2022 for rejoining in to petitioner's service and further direct to the respondents to pay back wages along with all other attendant benefits with continuity of service. 1/6

For Petitioner : Mr.R.Chakkaravarthy For Respondent : Mr.P.Balathandayutham Special Government Pleader for R1 Mr.Abishek Murthy Standing Counsel for R2 to R4

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to implement the order passed by the 2nd respondent and to permit the petitioner to re-join the service and for a further direction to the respondents to pay the back wages along with all other attendant benefits with continuity of service. 2.Heard Mr.R.Chakkaravarthy, learned counsel appearing on behalf of the petitioner, Mr.P.Balathandayutham, learned Special Government Pleader appearing on behalf of the 1st respondent and Mr.Abishek Murthy, learned Standing Counsel appearing on behalf of respondents 2 to 4.

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3.The case of the petitioner is that he was appointed as a part time Sweeper in the year 2013. On 07.09.2021, the 2nd respondent suspended the petitioner from service. The petitioner gave a representation to the 2nd respondent requesting to cancel the order of suspension and to permit the petitioner to rejoin the service. Pursuant to the representation, the 2nd respondent through proceedings dated 16.12.2022, cancelled the order of suspension and permitted the petitioner to rejoin the services. After receiving this proceedings of the 2nd respondent, the petitioner had approached the 3rd and 4th respondents to implement the order. There was no response. Thereafter, the petitioner gave atleast four representations to the 3rd and 4th respondents. The same did not evoke any response.

It is under these circumstances, the present writ petition has been filed before this Court. 4.Taking into consideration the facts and circumstances of the case and also taking into account the proceedings of the 2nd respondent dated 16.12.2022, there shall be a direction to the 3rd and 4th respondents to deal with the representation made by the petitioner on 29.07.2024 in line with the proceedings of the 2nd respondent dated 16.12.

from the date of receipt of copy of this order. 5.The petitioner is directed to make a fresh representation to the 3rd and 4th respondents along with all the relevant documents and also a copy of this order. 6.This writ petition is disposed of with the above directions. No Costs. 23.08.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Block Development Officer, Kurinjipadi Panchayat Union, Kurinjipadi, 3.The Panchayat President, Agaram Panchayat, Kurinjipadi, Cuddalore District.

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4.The Panchayat Secretary, Kurinjipadi Panchayat Union, Kurinjipadi, 5/6

N. ANAND VENKATESH, J.

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