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Madras High CourtWP/17309/2017disposed of

P.Kalaimani, v. The Chief Electoral

2023-11-22Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

2024:MHC:6094

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P.No.18809 of 2017 1.P.Kalaimani 2.D.Murugan 3.M.Radha 4.D.Indumathi 5.D.Sangeetha 6.D.Loganayagi 7.K.Srimathi ... Petitioners Vs.

1.The Chief Electoral Officer and Principal Secretary to Government, Public (Elections. V) Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Election Officer / Commissioner,

3.The Distrct Revenue Officer (Election), ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the 2nd respondent issued in LR.No.A/264/2015, dated 12.04.2017 and to quash the same and consequently to allow the petitioners to continue in service as Section Writers on par with other similarly placed Section Writers working in Chennai District with benefits of consideration for regularisation of services based on the proposals issued by the 1st respondent in D.O.Lr.No.18166/Ele.V/2011-6 dated 19.11.2012 and the other subsequent proposals.

For Petitioners : Mr.J.Jayamalan For Mr.S.Nedunchezhiyan For R1 : Mr.L.S.M.Hasan Fizal Additional Government Pleader For R2 : Mr.S.Gopinathan For R4 : Mr.Niranjan Rajagopalan

O R D E R

The writ petition has been filed challenging the proceedings dated 12.04.2017 passed by the 2nd respondent and consequently to allow the petitioners to continue in service as Section Writers on par with other similarly placed Section Writers working in Chennai District with benefits of consideration for regularisation of services based on the proposals issued by the 1st respondent in D.O.Lr.No.18166/Ele.V/2011-6 dated 19.11.2012 and the other subsequent proposals.

2. Regarding the relief sought for by the writ petitioners, the Hon'ble Division Bench of this Court had already delivered a judgment in W.A.No.1160 of 2020 dated 06.04.2022 and held that "as long as the services of Section Writers are required, they can be allowed to continue in service, by relaxing their age and it is for the Government to engage them in different places, based on requirement and this Court is not inclined to pass any specific direction as regards their place of work".

3. In view of the judgment passed by the Hon'ble Division of this Court, the writ petitioners are not entitled for the claim sought in this writ petition. If at all the Government takes a decision, the Government shall

consider the plight of the writ petitioners thereafter. Therefore, this Court is not inclined to issue any specific directions to that effect.

4. With these observations, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 22.11.2023 Jeni Index : Yes / No Speaking order : Non-speaking order To 1.The Chief Electoral Officer and Principal Secretary to Government, Public (Elections. V) Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Election Officer / Commissioner, 3.The Distrct Revenue Officer (Election),

V.BHAVANI SUBBAROYAN , J.

Jeni 22.11.2023