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Madras High CourtWA/4022/2025dismissed

G.Kalaichelvan v. The Director Of Public Health And Preventive Medicine

2026-01-08Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice Shamim Ahmed5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2026

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE SHAMIM AHMED AND CMP NO. 32745 OF 2025 G.Kalaichelvan S/O.R.Govindarajan, No.119, Thiru -Vi- Ka Nagar, Pullivalam, Thiruvarur District.

.. Appellant Vs

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

2. The Deputy Director Of Health Services Tiruvarur District, Tiruvarur.

3. The Medical Officer Primary Health Centre, Alathambadi, Thiruthuraipoondi Taluk, Tiruvarur District.

..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 22.04.2025, passed in W.P.No.9148 of 2019. For Appellant :

Mr.P.A.Sai Govindaraja For Respondents:

Mr.M.Bindran, Additional Government Pleader __________Page 1 of 5

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) This intra Court appeal is directed against the order dated 22.04.2025 made in W.P.No.9148 of 2019.

2. The appellant was the writ petitioner, who was working as Multipurpose Worker on contract basis under the respondent department. While that being so, he was terminated by order dated 25.02.2019. That order was under challenge before the Writ Court. It was stated that there was some misconduct on the part of the writ petitioner / appellant as he was exhibiting himself in an inappropriate manner in the work place along with a female staff. That triggered to conduct a summary enquiry and ultimately he was removed from service by passing the said order dated 25.02.2019. The appellant / writ petitioner challenged the said order on the ground that, without a proper enquiry as contemplated under the Tamil Nadu Civil Servants (Discipline and Appeal) Rules, such a termination order was passed.

The writ petition was dismissed by the learned Writ Court stating that since the appellant was a contract employee, the said Rule would not apply to him. Therefore, instead of passing an order of termination dated 25.02.2019 as if that the order of termination was issued based on the charges made against him, that order can be withdrawn and an order of termination simpliciter can be passed by the employer, as against which the present appeal has been filed.

3. Heard the learned counsel for the appellant and the learned Special Panel Counsel appearing for the respondents.

4. Learned Special Counsel for the respondents would submit that, pursuant to the order of the Writ Court dated 22.04.2025, action is being contemplated to withdraw the order of termination, which was impugned before the Writ Court and instead, an order of termination simpliciter would be issued shortly to the appellant / writ petitioner.

5. In that view of the matter, we do not find any plausible reason to interfere with the direction given by the learned Writ Court through the impugned order dated 22.04.2025 and accordingly, this writ appeal is dismissed with a direction to the respondents to pass such an order of termination simpliciter within a period of two weeks from the date of receipt of a copy of this order. No costs. Conseqeuntly, connected miscellaneous petition is closed.

(R.S.K.,J.) (S.S.A.,J.) 08-01-2026 Index: Yes/No Speaking/Non-speaking order KST __________Page 3 of 5

To

1. The Director Of Public Health and Preventive Medicine, DMS Campus, Teynampet,

2. Chennai 600 006.

3. The Deputy Director Of Health Services Tiruvarur District, Tiruvarur.

4. The Medical Officer, Primary Health Centre, Alathambadi, Thiruthuraipoondi Taluk, Tiruvarur District.

__________Page 4 of 5

R.SURESH KUMAR J.

AND SHAMIM AHMED J.

KST AND CMP NO. 32745 OF 2025 08-01-2026 __________Page 5 of 5