P.Hemalatha v. The Principal District Judge

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No. 37326 of 2024 and W.M.P.No.40344 of 2024 P.Hemalatha

...Petitioner

Vs.

1.The Principal District Judge, Vellore District.

2.The Registrar General, High Court of Madras, Chennai - 600 104.

...Respondents

Prayer : Writ Petition filed under 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records of order passed by the 1st respondent in Dis.No.7365/2024/SHR/dated 31.07.2024 and to quash the order of punishment of "Reduction to a lower post i.e., reduction to the post of office assistant from the post of record clerk is imposed against the delinquent with effect from the date of this order for a period of two years" within a time frame fixed by this Court and consequently directing the respondents to treat the entire period from 01.08.2024 to the date of restoration rendering duty of Office Assistance as Record Clerk cadre of service with all benefits of pay and allowances. 1/4

For Petitioner : Mr.S.Gunasekar For Respondents : Mr.S.Arjun Suresh, Standing Counsel ******

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) From the counter it is seen that the petitioner has filed an appeal against the order impugned in this Writ Petition before the Registrar General of this Court and the same is pending.

2. The petitioner cannot invoke parallel remedies at the same time. Once the petitioner has chosen to invoke the remedy of appeal available under Rule19 of the Tamil Nadu Civil Service (Discipline and Appeal) Rules, we do not think we can permit the petitioner to invoke the jurisdiction under Article 226 of the Constitution of India also when awaiting the result of the appeal.

3. Hence, this Writ Petition is dismissed giving liberty to the petitioner to prosecute the appeal before the appellate authority. The appellate Authority is requested to dispose of the appeal within a period of 2/4

six months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M., J.) (G.A.M., J.) 20.02.2025 dsa Index : No : No Speaking order To:

1.The Principal District Judge, Vellore District.

2.The Registrar General, High Court of Madras, Chennai - 600 104.

3/4

R.SUBRAMANIAN, J.

and G.ARUL MURUGAN, J.

dsa W.P.No. 37326 of 2024 20.02.2025 4/4