S.Perumal v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Perumal ..

Petitioner Vs.

1. The Secretary to Government Government of Tamil Nadu Law Department, Secretariat Fort St. George, Chennai - 9.

2. The Secretary to Government Government of Tamil Nadu Personnel and Administrative Department Secretariat, Fort St. George Chennai - 9.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of declaration, declaring Proviso 2 of Section 50(3) of the Tamil Nadu Government Servants (Conditions of Service) Act 14 of 2016 as null and void being ultra-vires and unconstitutional, insofar as it contemplates deemed acceptance.

For the Petitioner : Ms.T.Aananthi For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Learned counsel for the petitioner, on instructions, seeks leave to withdraw the writ petition and submits that the affected person would assail the said provision.

2. In the light of that, the writ petition stands dismissed as withdrawn. It is made clear that if the affected person approaches the Court, the Court may consider the matter on its own merits. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 17.10.2023 Index :

Yes/No :

Yes/No drm

To

1. The Secretary to Government Government of Tamil Nadu Law Department, Secretariat Fort St. George, Chennai - 9.

2. The Secretary to Government Government of Tamil Nadu Personnel and Administrative Department Secretariat, Fort St. George Chennai - 9.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 17.10.2023