C.Masilamani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 09.08.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition No.4391 of 2016 & W.M.P.No.3739 of 2016 C.Masilamani ... Petitioner Vs

1. The Commissioner, Social Welfare & Nutritious Meal Programme Department, Guindy, Chennai - 32.

2. The District Collector, Villupuram District, Villupuram.

3. The Commissioner, Gingee Panchayat, Gingee, Villupuram District. ... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Certiorarifed Mandamus calling for the records connected with the order dated 23.11.2015 passed by the second respondent in proceedings Na.ka.No.BE4/5797/2014, quash the same and consequently direct the respondents to reinstate the petitioner into service with all consequential attendant benefits arising threreof.

For Petitioner : Mr.T.Sellapandian For Respondents : Mr.S.Gunasekaran Additional Government Pleader

O R D E R

This Writ Petition has been filed to call for the records connected with the order dated 23.11.2015 passed by the second respondent in proceedings Na.ka.No.BE4/5797/2014, quash the same and consequently direct the respondents to reinstate the petitioner into service with all consequential attendant benefits arising threreof.

https://hcservices.ecourts.gov.in/hcservices/

2. The respondents, even though have filed a detailed counter, when the matter is taken up, the learned Additional

Government Pleader appearing on behalf of the respondents submitted that as against the impugned Order, the petitioner has preferred an appeal before the first respondent, who is the appellate authority on 08.12.2015 and the same is pending. He further submitted that the petitioner has also sent a reminder by registered post on 20.01.2016 requesting for early disposal of the appeal.

3. In view of the said submission made by the learned Additional Government Pleader, this Writ Petition is not maintainable at this stage, and the same is dismissed. However, the first respondent is directed to dispose of the appeal preferred by the petitioner, which is pending on his file, as early as possible, preferably within 6 months from the date of receipt of a copy of this Order, on merits and in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vrc To

1. The Commissioner, Social Welfare & Nutritious Meal Programme Department, Guindy, Chennai - 32.

2. The District Collector, Villupuram District, Villupuram.

3. The Commissioner, Gingee Panchayat, Gingee, Villupuram District.

+1cc to Mr.S.Gunasekaran, Advocate, S.R.No.45448 +1cc to the Government Pleader, S.R.No.45579 W.P No.4391 of 2016 MP 1(CO) CA(30/08/2016) https://hcservices.ecourts.gov.in/hcservices/