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Madras High CourtWP(MD)/3692/2025disposed of

M.Ramesh v. The General Manager

2025-11-24Honourable Mr Justice K.Kumaresh Babu22 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order 29.10.2025 24.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) Nos.3692, 5869, 5908, 5919, 5976, 6046 & 6152 of 2025 and W.M.P.(MD) Nos.2652, 2653, 4271, 4272, 4325, 4326, 4330, 4331, 4365, 4367, 4435, 4436, 4512, 4514, 5426 & 5428 of 2025 and Cont.P.(MD) Nos.955, 959, 972, 986, 984, 987 & 1030 of 2025 W.P.(MD) No.3692 of 2025:

M.Ramesh 1.The General Manager 2.The Managing Director 3.The Senior Regional Manager

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned communication issued by the 3rd respondent in Na.Ka.No.C4/14514/2022 dated 25.01.2025, quash the same as illegal and consequently direct the respondents to regularize the petitioner's employment as per his seniority by following the due process of law. assisted by Mr.G.Mohan Kumar W.P.(MD) No.5869 of 2025:

P.Dhayalan 1.The General Manager

2.The Managing Director 3.The Senior Regional Manager PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned communication issued by the 3rd respondent in Na.Ka.No.C4/14514/2022 dated 25.01.2025, quash the same as illegal and violating the principles of natural justice and consequently direct the respondents to continue the petitioner's employment as per his seniority by following the due process of law.

assisted by Mr.G.Mohan Kumar W.P.(MD) No.5908 of 2025:

M.S.Gokul

1.The General Manager 2.The Managing Director 3.The Senior Regional Manager PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned communication issued by the 3rd respondent in Na.Ka.No.C4/14514/2022 dated 25.01.2025, quash the same as illegal and violating the principles of natural justice and consequently direct the respondents to continue the petitioner's employment as per his seniority by following the due process of law.

assisted by Mr.G.Mohan Kumar

W.P.(MD) No.5919 of 2025:

P.Ramesh 1.The General Manager 2.The Managing Director 3.The Senior Regional Manager PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned communication issued by the 3rd respondent in Na.Ka.No.C4/14514/2022 dated 25.01.2025, quash the same as illegal and violating the principles of natural justice and consequently direct the respondents to continue the petitioner's employment as per his seniority by following the due process of law.

assisted by K.R.Badrus Zaman W.P.(MD) No.5976 of 2025:

M.Sivanandham 1.The General Manager 2.The Managing Director 3.The Senior Regional Manager PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned communication issued by the 3rd respondent in Na.Ka.No.C4/14514/2022 dated 25.01.2025, quash the same as illegal and

violating the principles of natural justice and consequently direct the respondents to reinstate the petitioner into service and to continue the petitioner's employment as per his seniority by following the due process of law.

assisted by K.R.Badrus Zaman W.P.(MD) No.6046 of 2025:

T.Rajavelu 1.The General Manager 2.The Managing Director 3.The Senior Regional Manager

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned communication issued by the 3rd respondent in Na.Ka.No.C4/14514/2022 dated 25.01.2025, quash the same as illegal and violating the principles of natural justice and consequently direct the respondents to continue the petitioner's employment as per his seniority by following the due process of law.

assisted by Mr.G.Mohan Kumar W.P.(MD) No.6152 of 2025:

R.Prabakaran 1.The General Manager 2.The Managing Director

3.The Senior Regional Manager PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records pertaining to the impugned communication issued by the 3rd respondent in Na.Ka.No.C4/14514/2022 dated 25.01.2025, quash the same as illegal and violating the principles of natural justice and consequently direct the respondents to continue the petitioner's employment as per his seniority by following the due process of law.

assisted by K.R.Badrus Zaman Cont.P.(MD) No.955 of 2025:

M.S.Gokul

1.M.Radhakrishnan General Manager 2.A.Shanmugasundram Managing Director 3.N.Selvam Senior Regional Manager PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the contemnors / respondents herein for their willful disobedience of the order passed by this Court in W.P.(MD) No. 5908 of 2025 and W.M.P.(MD) No.4330 of 2025, dated 05.03.2025. assisted by Mr.G.Mohan Kumar Cont.P.(MD) No.959 of 2025:

M.Ramesh

1.M.Radhakrishnan General Manager 2.A.Shanmugasundram Managing Director 3.N.Selvam Senior Regional Manager PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents herein for their willful disobedience of the order passed by this Court in W.M.P.(MD) No.2652 of 2025 and W.P.(MD) No.3692 of 2025, dated 10.02.2025. assisted by Mr.G.Mohan Kumar

Cont.P.(MD) No.972 of 2025:

T.Rajavelu 1.M.Radhakrishnan General Manager 2.A.Shanmugasundram Managing Director 3.N.Selvam Senior Regional Manager PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents herein for their willful disobedience of the order passed by this Court in W.P.(MD) No.6046 of 2025 and W.M.P.(MD) No.4435 of 2025, dated 06.03.2025.

assisted by Mr.G.Mohan Kumar Cont.P.(MD) No.986 of 2025:

M.Sivanandham 1.M.Radhakrishnan General Manager 2.A.Shanmugasundram Managing Director 3.N.Selvam Senior Regional Manager PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents herein for their willful disobedience of the order passed by this Court in W.P.(MD) No.5976 of 2025

and W.M.P.(MD) No.4365 of 2025, dated 05.03.2025. assisted by Mr.K.R.Badrus Zaman Cont.P.(MD) No.984 of 2025:

R.Prabakaran 1.M.Radhakrishnan General Manager 2.A.Shanmugasundram Managing Director 3.N.Selvam Senior Regional Manager PRAYER: Contempt Petition is filed under Section 11 of the Contempt of

Courts Act, 1971 praying to punish the respondents herein for their willful disobedience of the order passed by this Court in W.P.(MD) No.6152 of 2025 and W.M.P.(MD) No.4512 of 2025, dated 07.03.2025. assisted by Mr.K.R.Badrus Zaman Cont.P.(MD) No.987 of 2025:

P.Ramesh 1.M.Radhakrishnan General Manager 2.A.Shanmugasundram Managing Director 3.N.Selvam Senior Regional Manager PRAYER: Contempt Petition is filed under Section 11 of the Contempt of

Courts Act, 1971 praying to punish the respondents herein for their willful disobedience of the order passed by this Court in W.P.(MD) No.5919 of 2025 and W.M.P.(MD) No.4325 of 2025, dated 05.03.2025. assisted by Mr.K.R.Badrus Zaman Cont.P.(MD) No.1030 of 2025:

P.Dhayalan 1.M.Radhakrishnan General Manager 2.A.Shanmugasundram Managing Director 3.N.Selvam Senior Regional Manager

PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the contemnors / respondents herein for their willful disobedience of the order passed by this Court in W.P.(MD) No. 5869 of 2025 and W.M.P.(MD) No.4271 of 2025, dated 05.03.2025. assisted by Mr.G.Mohan Kumar C O M M O N O R D E R These batch of Writ Petitions have been filed by the petitioners who were employed as Bill Clerk and Seasonal helpers on consolidated pay at Thanjavur Region for more than a decade. Under the impugned orders in the respective Writ Petitions, the Deputy Manager Thanjavur had been directed to release the petitioners from the procurement work immediately and to make suitable arrangements, on the allegations of creating a fake acknowledgement slips daily on particular seasons.

2. Counter affidavits had been filed by the third respondent on behalf of the other respondents. A perusal of the counter affidavit filed in W.P.(MD)No.3692 of 2025 would indicate that, where 90 Seasonal staffs who were implicated under Vigilance enquiry on an appeal filed by them before the second respondent, by proceedings dated 20.09.2024, the second respondent had ordered that the services of those persons can be utilised, provided they are prepared to give an undertaking and the amounts for which they were held responsible, have also been recovered from them.

3. The learned counsel appearing for the petitioner would submit that they may also be permitted to file an appeal against the orders impugned herein by the third respondent with the second respondent and their appeals could be considered on the same lines as done in respect of other employees by the order of the second respondent, dated 20.09.2024.

4. In view of the restricted relief that had been sought for by the petitioners, this Court is of the view that the Writ Petitions can be disposed of by directing the petitioners to file an appeal against the orders impugned

herein with the second respondent and if such appeals are filed, the second respondent shall also take into consideration its proceedings dated 20.09.2024 and pass orders on merits and in accordance with law.

5. The petitioners have also filed Contempt Petitions for nonimplementation of the interim orders passed by this Court, wherein they have been directed to be engaged in the upcoming season. Since, this Court has now agreed to the proposals made by the petitioners to file an appeal, this Court is also of the view that no useful purpose would be served in adjudicating the Contempt Petitions filed by the petitioners and accordingly, the Contempt Petitions can be closed.

6. For the aforesaid reasons, the Writ Petitions are disposed of with liberty to the petitioners to file an appeal against the orders impugned in the respective Writ Petitions before the second respondent. If such appeals are filed by the respective petitioners within a period of two (2) weeks from the date of receipt of a copy of this order, the second respondent is directed to dispose of the same on merits and in accordance with law. However, the second respondent shall take into consideration his earlier proceedings dated

20.09.2024 in respect of the similarly placed persons and dispose of the appeal within a period of four (4) weeks thereafter. However, there shall be no order as to costs. Consequently , connected Miscellaneous Petitions are closed. The Contempt Petitions also stand closed. 24.11.2025 NCC Yes / No Index Yes / No Internet :

Yes / No pbn

To 1.The General Manager 2.The Managing Director 3.The Senior Regional Manager

K.KUMARESH BABU, J.

pbn PRE-DELIVERY COMMON ORDER IN W.P.(MD) Nos.3692, 5869, 5908, 5919, 5976, 6046 & 6152 of 2025 and W.M.P.(MD) Nos.2652, 2653, 4271, 4272, 4325, 4326, 4330, 4331, 4365, 4367, 4435, 4436, 4512, 4514, 5426 & 5428 of 2025 and Cont.P.(MD) Nos.955, 959, 972, 986, 984, 987 & 1030 of 2025.

24.11.2025