V.Kubendran v. Union Territory Of Pondicherry
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 29.01.2020
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.34435 of 2018 and W.M.P.No.40008 of 2018 V.Kubendran
...Petitioner
Vs.
1.Union Territory of Pondicherry, Rep. by The Chief Secretary to Government, Government of Puducherry, Secretariat, Beach Road, Puducherry - 605001.
2.The Secretary to Government (Agriculture & Forest), Secretariat, Beach Road, Puducherry - 605001.
3.The Additional Director of Agriculture, Government of Puducherry, Karaikal.
4.The District Collector cum Chairman for Office of the District Collector, Karaikal.
5.The Member Secretary, Madur, Karaikal - 609607.
6.The Programme Coordinator, Madur, Karaikal - 609607.
7.The Programme Coordinator i/c, Madur, Karaikal - 609607.
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8.J.Senthilkumar, The Programme Coordinator cum Principal i/c, Madur, Karaikal - 609607.
9.The Principal, Madur, Karaikal - 609607.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, calling for the records relating to impugned Memorandum No.603/Ve.A.Ni./Karai/2018-19/96 dated 17.05.2018 issued by the 9th respondent and quash the same.
For Petitioner : Mr.Prakash Adiapadam For Respondents: Mr.A.V.Ramalingam Additional Government Pleader (Pondicherry)
O R D E R
This writ petition has been filed challenging the impugned memorandum issued by the 9th respondent dated 17.05.2018. 2.The learned counsel for the petitioner submitted that the petitioner will go and join in the place to which he was assigned work by means of the impugned proceedings dated 17.05.2018. A direction should be given to the 9th respondent to permit the petitioner to join service.
3.Mr.A.V.Ramalingam, learned Additional Government Pleader (Pondicherry) appearing on behalf of the respondents submitted that the petitioner ought to have joined immediately after the memorandum was issued by the 9th respondent on 17.05.2018. The learned counsel further submitted that this Court did not grant any interim order of stay. Therefore, it was the duty of the petitioner to have joined in the place which was assigned to the petitioner. The learned counsel submitted that the petitioner can report for duty and he will be permitted to join, subject to the availability of the vacancy as on today.
4.In view of the above stand taken by the respective counsel appearing on either side, this Court does not want to go into the merits of the case and the petitioner shall report before the 9th respondent and give a letter in writing to permit him to join work in the place that was assigned by the 9th respondent by his memorandum dated 17.05.2018 and the 2/3
9th respondent shall consider the same and permit the petitioner to join the service subject to availability of the vacancy. 5.This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Chief Secretary to Government, Union Territory of Pondicherry, Government of Puducherry, Secretariat, Beach Road, Puducherry - 605001. 2.The Secretary to Government(Agriculture & Forest), Secretariat, Beach Road, Puducherry - 605001. 3.The Additional Director of Agriculture, Government of Puducherry, Karaikal.
4.The District Collector cum Chairman for Office of the District Collector, Karaikal.
5.The Member Secretary, Karaikal Krish Vigyan Kendra Society,Madur,Karaikal - 609607. 6.The Programme Coordinator, Karaikal Krish Vigyan Kendra Society, Madur, Karaikal - 609607.
7.The Programme Coordinator i/c, Karaikal Krish Vigyan Kendra Society, Madur, Karaikal - 609607.
8.The Programme Coordinator cum Principal i/c, Karaikal Krish Vigyan Kendra Society,Madur,Karaikal - 609607. 9.The Principal, Karaikal Krish Vigyan Kendra Society, Madur, Karaikal - 609607.
+1 cc to M/s.Prakash Adiapadam,Advocate Sr.No. 6764 +1 cc to The Public Prosecutor(Puducherry), Sr.No.7148 AKM/03.02.2020/3P-12C / W.P.No.34435 of 2018 and W.M.P.No.40008 of 2018 3/3