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Madras High CourtWP/26165/2021disposed of

K.Dhanapal v. The District Collector

2024-02-28Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM:

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.26165 of 2021 K.Dhanapal ...

Petitioner /vs/

1. The District Collector, Cuddalore Collector Office, Cuddalore District.

2. The Block Development Office, Nallur Union Office, Cuddalore District.

3. The President, Village Panchayat, Chinnakosapallam, Tittaguid - Taluk, Cuddalore District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents to reinstate the petitioner into the service on considering his 26 years of service in the third respondent Chinnakoasapallam village Panchayat in pursuance of petitioner's representation dated 02.08.2021 and 02.09.2021.

For Petitioners ... Mr.P.D.Anbarasan For Respondents ... Mr.T.Chezhiyan, Additional Govt. Pleader for R1 & R3 Mr.S.Arumugam Government Advocate for R2

ORDER

Heard Mr.P.D.Anbarasan, the learned counsel for the petitioner, Mr.T.Chezhiyan, the learned Additional Government Pleader for R1 & R3 and Mr.S.Arumugam, the learned Government Advocate for R2.

2. The petitioner has filed this writ petition for issuance of a writ of mandamus directing the respondents to reinstate him into the service by considering his 26 years of service in the third respondent village Panchayat in pursuant to his representation dated 02.08.2021 and 02.09.2021.

3.The petitioner worked as Over Head Water Tank Pump Operator under consolidated pay scale in the third respondent village Panchayat from the year 1995. The petitioner has been terminated from service from

April, 2021 without notice. Thereafter the petitioner has given a representation to the respondents to reinstate him in service. Since the same was not considered, the petitioner has filed this present Writ Petition.

4. Mr.T.Chezhiyan, the learned Additional Government Pleader, submitted that the petitioner has produced bogus transfer certificate which is alleged to have issued by the private school. However the learned counsel for the petitioner submitted that no notice has been given to the petitioner on these allegations.

5. Despite the petitioner being an employee working on consolidated pay with the third respondent Panchayat, the respondents appear to have terminated him without giving notice. Since the representation of the petitioner has not been considered, taking into consideration of the length of service alleged to have been rendered by the petitioner, the respondents are directed to consider the representation of the petitioner dated 02.09.2021 and pass orders on its own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this

order.

6. With the above direction, this Writ Petition is disposed. No costs. 28.02.2024 Index: Yes / No Speaking order / Non-speaking order bkn

To:

1. The District Collector, Cuddalore Collector Office, Cuddalore District.

2. The Block Development Office, Nallur Union Office, Cuddalore District.

3. The President, Village Panchayat, Chinnakosapallam, Tittaguid - Taluk, Cuddalore District.

R.N.MANJULA ,J.

bkn 28.02.2024