Baskar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE and W.M.P.No.33872 of 2022 Baskar ... Petitioner Vs.

1.The Commissioner, Directorate of Backward Classes Welfare, Ezhilagam Annexe Building II Floor, Chepauk, Chennai - 600 005.

2.The Welfare Officer, District Backward Classes & Minorities Welfare Office, Vellore.

... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records on the file of the respondent in Ref Number 3/24243/2019 dated 05.12.2022 and quash the same.

For Petitioner :

Mr.G.Sarath Kumar For Respondents :

Mr.Stalin Abimanyu Additional Government Pleader 1/5

ORDER

The petitioner is aggrieved by the impugned order dated 05.12.2022, under which the respondents have informed the petitioner that since he had secured less marks in the practical test, proceedings will be initiated against him for his termination from service.

2. The petitioner claims that he was issued with an appointment order as a Cook by the respondents in the year 2020. He would also submit that he had participated in the practical test and only thereafter his service was regularized on 29.03.2022. However, he would submit that arbitrarily and illegally, the respondents have issued the impugned proceedings dated 05.12.2022.

3. Admittedly, the impugned proceedings is not a final termination order. The respondents have only intimated the petitioner that they may initiate proceedings to terminate the service of the petitioner on account of the reason that the petitioner had secured less marks in the practical test. Necessarily, the respondents will have to follow the due procedure established under law before terminating the service of the petitioner as a 2/5

Cook.

4. The petitioner also submits that he has already submitted his explanation to the respondents on 02.12.2022. Since the petitioner has approached this Court prematurely, this Writ Petition is disposed of by directing the respondents to follow the due procedures established under law before terminating the service of the petitioner as a Cook. It is made clear that the objections raised by the petitioner with regard to his termination will have to be duly considered by the respondents before terminating his service. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.

23.12.2022 Index : Yes/No Speaking Order : Yes / No ab 3/5

To 1.The Commissioner, Directorate of Backward Classes Welfare, Ezhilagam Annexe Building II Floor, Chepauk, Chennai - 600 005.

2.The Welfare Officer, District Backward Classes & Minorities Welfare Office, Vellore.

4/5

ABDUL QUDDHOSE. J., ab 23.12.2022 5/5