K.Uma v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.34761 of 2019 K.Uma

...Petitioner

Vs.

1. The State of Tamil Nadu Rep by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 9.

2. The Commissioner, Corporation of Salem, Salem 636 001 ..Respondents Prayer:- Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to pass orders on the Appeal petition filed by the petitioner dated 15.07.2019 with regard to cancellation of punishment imposed on the petitioner, vide order of the second respondent dated 06.07.2019.

For Petitioner : Mr.V.Ravi Kumar For Respondents : Mrs.K.Bhuvaneswari Additional Government Pleader 1/5

O R D E R

This writ petition has been filed for a direction to the 1st respondent to pass orders in the Appeal that has been filed by the petitioner.

2.

The case of the petitioner is that she had joined the service of Salem Corporation in the year 1990 as a Nominal Mustor Roll (NMR). She was thereafter paid consolidated pay and in the year 2006, she was brought under regular time scale. Her probation was also declared in the post of unskilled employee category in the year 2008. The petitioner was suffering from some medical ailment and she did not attend the work. Disciplinary proceedings were initiated and the petitioner was kept under suspension.

3.

The petitioner attended the Disciplinary proceedings and ultimately, a punishment was imposed by the 2nd respondent on 06.07.2019 of stoppage of increment for two years with cumulative effect. As against this order, the petitioner has filed an appeal before the 1st respondent on 15.07.2019 and the same is pending and 2/5

therefore, the present writ petition has been filed before this Court, seeking for appropriate directions.

2.

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3.

Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the 1st respondent to consider the Appeal filed by the petitioner on 15.07.2019 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to give a fresh representation to the 1st respondent along with copy of the Appeal dated 15.07.2019 and a copy of this order. 4.

This writ petition is disposed of with the above directions. No costs.

16.12.2019 Internet: Yes/No Index: Yes/No rka 3/5

To

1. The State of Tamil Nadu Rep by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 9.

2. The Commissioner, Corporation of Salem, Salem 636 001 4/5

N.ANAND VENKATESH,J., rka W.P.No.34761 of 2019 16.12.2019 5/5