Madras High CourtWP/4440/2024dismissed

K.Subramani v. The Principal Secretary

2024-02-23Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.4796 of 2024 K.Subramani

...Petitioner

-Vs1. The Principal Secretary, Social Welfare and Woman Empowerment Department, Secretariate, St.George Fort, Chennai - 600 009.

2. The Commissioner, Social Welfare and Woman Empowerment Department, Directorate of Social Saidapet, Chennai - 600 015.

3. The Principal Secretary / Special Commissioner, Pammal Nallathambi Street, Tharamani, Chennai - 600 113.

4. The Deputy Director, Social Welfare and Woman Empowerment Department, Directorate of Social Welfare and Woman Empowerment, Saidapet, Chennai - 600 015.

5. The District Social Welfare Officer, Pudukottai Social Welfare Office, Collectorate Building, Pudukottai - 622 005.

6. The District Project Officer, Erode - 6380011.

7. The District Social Welfare Officer, Salem Social Welfare Office, Collectorate Building, Salem - 636 001.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the letter having Na.Ka.No.17705/Niru 4(1)/2022 dated 20.06.2023 issued by the fourth respondent and quash the same and consequently direct the second respondent to provide the monetary benefits for the compulsory waiting period of 15 months and appoint the petitioner in earlier posting. For Petitioner : Mr. D.Yogeswaran For Respondents : Mr.V.Veluchamy Additional Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the fourth respondent dated 20.06.2023, thereby rejected the request made by the petitioner seeking employment.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was originally appointed as Junior Assistant, Typist vide communication dated 08.08.2000 at the Child Development Scheme Office, Kollimalai, Namakkal Taluk, Salem District as temporary staff. He had joined in the said post on 18.08.2000. Thereafter, his service was made permanent on 20.11.2001. Thereafter, he was transferred from Child Development Scheme Office, Kollimalai, Namakkal Taluk, Salem District to the Child Development Scheme Office, Thiruchengodu, on 20.05.2003. Finally, he was transferred to Woman Welfare-1, Directorate of Social Welfare, Chennai - 2, on 18.04.2012. Thereafter, once again, the petitioner was transferred to the 7th respondent office, on 24.11.2012. While being so, once again the petitioner was transferred to the office of the Child Development Project Officer, ICDS, Erode, by an order dated 29.10.2013. Accordingly, the petitioner was relieved on 02.01.2014.

4. However, the petitioner failed to join in the office of the 6th respondent in the transferred post. Thereafter, the petitioner failed to report duty anywhere. While being so, the petitioner submitted a representation

seeking permission to join in the office. The said request was rejected by the fourth respondent, on the ground that the petitioner failed to report duty for a period of 14 years without any leave letter or without any information. Therefore, the request made by the petitioner was rightly rejected by the fourth respondent and this Court finds no infirmity or illegality in the order passed by the fourth respondent and this writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs. 23.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

1. The Principal Secretary, Social Welfare and Woman Empowerment Department, Secretariate, St.George Fort, Chennai - 600 009.