C.Elavarasan, v. The Director Of Public Health

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2024

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and W.M.P.Nos. 329, 331, 4281 to 4283 of 2017 C. Elavarasan ... Petitioner in W.P.No.4131/2017 M. Sivaraj ... Petitioner in W.P.No.4132/2017 Vs.

1.The Director of Public Health and Preventive Medicine, DMS Campus, Teynampet, Chennai - 600 006.

2.The Missions Director, State Health Society, National Rural Health Mission, DMS Campus, Teynampet, Chennai - 600 006.

... Respondents in both the WPs Writ petitions are filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to the impugned notice issued by the first respondent in R.No.100612/E2/S1/2016 dated 22.01.2017 and to quash the same.

For Petitioners : Ms. M. Kaviya, for Mr. S. Nedunchezhiyan For Respondents : Mr. E. Vijay Anand, Additional Government Pleader 1/4

C O M M O N O R D E R During the course of hearing, the learned Additional Government Pleader on instructions submits that in compliance of the interim order dated 20.02.2017, the petitioners have submitted their explanation to the show cause notice and thereafter, the first respondent considered the said explanation and passed order of termination of service of the petitioners dated 16.08.2023 after affording an opportunity of personal hearing to the petitioners.

2.

Learned Additional Government Pleader appearing for the respondents submit that, as already termination order was passed on 16.08.2023, nothing survives in these writ petitions and the petitioners have to challenge their termination order in appropriate proceedings.

3.

Learned counsel for the petitioners also accepted that the first respondent has issued termination order on 16.08.2023. 4.

In view of the above submissions, in my considered opinion, nothing survives in these writ petitions for adjudication and accordingly, it is liable to be dismissed as infructuous.

5.

Accordingly, these Writ Petitions are dismissed as infructuous. However, 2/4

it is open to the writ petitioners to assail the order of termination dated 16.08.2023, if so adviced in the appropriate forum.

6.

Consequently, connected miscellaneous petitions are closed. 7.

There shall be no order as to costs.

22.01.2024 Index :Yes/No AT To 1.The Director of Public Health and Preventive Medicine, DMS Campus, Teynampet, Chennai - 600 006.

2.The Missions Director, State Health Society, National Rural Health Mission, DMS Campus, Teynampet, Chennai - 600 006.

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BATTU DEVANAND, J.

AT W.P.Nos. 4131 & 4132 of 2017 and W.M.P.Nos. 329, 331, 4281 to 4283 of 2017 22.01.2024 4/4