K.Muniyandi v. The Director Of Town
aBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.5921 to 5923 of 2018 and W.M.P.(MD)Nos.5800 to 5805 of 2018 K.Muniyandi ... Petitioner in W.P.(MD)No.5921 of 2018 G.S.Murugan ... Petitioner in W.P.(MD)No.5922 of 2018 V.Ganesh ... Petitioner in W.P.(MD)No.5923 of 2018 -Vs1.The Director of Town Panchayats, Kuralagam, Chennai-600 108.
2.The Assistant Director of Town Panchayats, N.G.O.Colony, Tirunelveli.
3.Sivagiri Town Panchayat, Sivagiri, Tirunelveli District.
...Respondents in W.P.(MD)No.5921 of 2018
1.The Director of Town Panchayats, Kuralagam, Chennai-600 108.
2.The Assistant Director of Town Panchayats, N.G.O.Colony, Tirunelveli.
3.Nanguneri Town Panchayat, Nanguneri, Tirunelveli District.
...Respondents in W.P.(MD)No.5922 of 2018
1.The Director of Town Panchayats, Kuralagam, Chennai-600 108.
2.The Assistant Director of Town Panchayats, N.G.O.Colony, Tirunelveli.
3.Thisayanvilai Town Panchayat, Thisayanvilai, Tirunelveli District.
...Respondents in W.P.(MD)No.5923 of 2018
PRAYER in W.P.(MD)No.5921 of 2018:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the third respondent in Na.Ka.No.356/2015/A1, dated 23.12.2015 quash the same. PRAYER in W.P.(MD)No.5922 of 2018:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the third respondent in Na.Ka.No.1754/2015/A1 dated 08.12.2015 quash the same. PRAYER in W.P.(MD)No.5923 of 2018:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order passed by the third respondent in Na.Ka.No.186/2015, dated 07.12.2015, quash the same.
For Petitioner : Mr.M.Saravanan in all writ Petitions For Respondents : Mr.K.Saravanan, Government Advocate.
In all Writ Petitions COMMON ORDER Heard Mr.K.Saravanan, learned Government Advocate, who takes notice for the respondents.
2.By consent of both parties, the main Writ Petitions themselves are taken up for final disposal at the stage of admission.
3.The petitioners are working as Scavenger, Peon and Sanitary Worker. They were sponsored by Employment Exchange, Tirunelveli. The petitioners have been suspended from service on the ground that they had falsely projected themselves as Physically Challenged candidates. Therefore, they were placed under suspension for the last several months.
4.The Hon'ble Division Bench of this Court in W.A.(MD). Nos.1467 & 1468 of 2015, dated 23.09.2016 (S.Periyasamy, Jesu Antony Vs. The Executive Officer, Ayakudi Town Panchayat, Tirunelveli District), directed the employer to revoke the suspension order. It was however observed that the employer would be at liberty to proceed with the departmental proceedings and pass final orders in accordance with law.
5.Respectfully following with the aforesaid decision, this Court is inclined to direct the third respondent herein to revoke the orders of suspension which is impugned in these Writ Petitions and consequently reinstate the petitioners in service forthwith. It is however made clear that the third respondent is at liberty to proceed with the disciplinary proceedings initiated against the petitioners and pass final orders in accordance with law. 6.The Writ Petitions stand allowed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Director of Town Panchayats, Kuralagam, Chennai-600 108.
2.The Assistant Director of Town Panchayats, N.G.O.Colony, Tirunelveli.
3.Sivagiri Town Panchayat, Sivagiri, Tirunelveli District.
4.Thisayanvilai Town Panchayat, Thisayanvilai, Tirunelveli District.
5.The Executive Officer, Nanguneri Town Panchayat, Nanguneri, Tirunelveli District +3cc to Mr.R.Subramanian, Advocate, SR.Nos.56461, 56463 and 56462 +1 cc to The Special Government Pleader, SR.No.56706 tsg RL/10C/3P/KK/SAR1/26/4/2018 W.P.(MD)Nos.5921 to 5923 of 2018 20.03.2018