Raja I v. The State Represented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.1224 of 2023 I.Raja ... Petitioner Vs.
1.The State, rep.by The Additional Chief Secretary to Government, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Director, Adi Dravidar and Tribal Welfare Directorate, Chepauk, Chennai - 600 005.
3.The District Collector, Collectorage, Nagercoil, Kanyakumari District. 4.The District Adi Dravidar and Tribal Welfare Officer, District Collector Office, Nagercoil, Kanyakumari District.
5.The Special Tahsildar, Adi Dravidar and Tribal Welfare, Padmanabapuram, Kanyakumari District.
6.The Head Master, Government Tribal Residential High School, Manalodai, Kanyakumari District.
... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue Writ of Certiorarified Mandamus calling for the records related to the impugned proceedings of the 4th respondent in Na.Ka.No.J1/18651/2019 dated 29.12.2022 and the consequential order passed by the 5th respondent in Moo.Mu.A2/703/2022 dated 30.12.2022 and quash them both as illegal and issue a consequential direction to the respondents to reinstate the petitioner in the post of Cook at Government Tribal Residential Higher Secondary School, Manalodai, Kanyakumari District with back wages, continuity of service and all other attendant and consequential service, monetary and other benefits. Petitioner : Mr.N.Dilipkumar For Respondents : Mr.N.Satheeshkumar Additional Government Pleader
ORDER
Heard the learned counsel on either side.
2.By the impugned order, the petitioner has been removed from service. A specific ground has been taken to the effect that the order has been passed without notice. A reading of the impugned order also does not indicate that the petitioner was put on notice. According to the respondents, the appointment of the petitioner was in breach of the relevant service rules. The fact remains that the petitioner was appointed
on 01.12.2020. The dismissal order is dated 29.12.2022. A person who served the department for two years could not have been summarily thrown out.
3.On the ground of violation of principles of natural justice, the order impugned in this writ petition is set aside. This writ petition is allowed. The respondents shall reinstate the petitioner forthwith in service and without any delay. It is open to the respondents to issue notice to the petitioner and take action per law if necessary. No costs. 30.06.2023 Index : Yes / No Internet : Yes/ No SKM To 1.The Additional Chief Secretary toGovernment, Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St. George, Chennai - 600 009. 2.The Director, Adi Dravidar and Tribal Welfare Directorate, Chepauk, Chennai - 600 005.
3.The District Collector, Collectorage, Nagercoil, Kanyakumari District. 4.The District Adi Dravidar and Tribal Welfare Officer, District Collector Office, Nagercoil, Kanyakumari District.
5.The Special Tahsildar, Adi Dravidar and Tribal Welfare, Padmanabapuram, Kanyakumari District.
6.The Head Master, Government Tribal Residential High School, Manalodai, Kanyakumari District.
G.R.SWAMINATHAN, J.
SKM WP(MD)No.1224 of 2023 30.06.2023