G.Kala v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)Nos. 3754 of 2020 G.Kala ... Petitioner Vs.

1.The Commissioner HR and CE Department , Chennai.

2.The Joint Commissioner HR and CE Department, Mayiladurai, Nagapattinam District.

3.The Managing Trustee, Arulmigu Agasa Mariyamman Thirukoil, Nachiyarkovil, Kumbakonam Taluk, Thanjavur District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 3rd respondent in his proceedings dated 23.12.2019 and quash the same as illegal and consequently direct the 3rd respondent to reinstate the petitioner as sanitary worker (Thiruvazhaku Paniyalar) with all back wages from the date of termination with interest.

For Petitioner : Mr. M.Karunanithi For Respondents : Mr.P.Subburaj - For R1 Special Government Pleader

O R D E R

This writ petition has been filed to quash the impugned order of the 3rd respondent in his proceedings dated 23.12.2019 and consequently direct the 3rd respondent to reinstate the petitioner as sanitary worker (Thiruvazhaku Paniyalar) with all back wages from the date of termination with interest.

2. The learned counsel for the petitioner would submit that the petitioner rendered her service to the Temple to Arulmigu Agasa Mariyamman Thirukoil, Nachiyarkovil, as part time employee. However, inadvertently, the petitioner contested the local body election, the same was noticed by the trustee of the temple and thereafter, they discontinued the temporary employment vide iimpugned order, dated 30.03.2020. Challenging the same, the present writ petition is filed.

3. The learned counsel for the petitioner would further submit that this Court may permit the petitioner to render service and poojas to Arulmigu Agasa Mariyamman Thirukoil, without any remuneration.

4. Considering the genuine request made by the petitioner without interfering with the order of termination, this Court is inclined to grant permission to the petitioner. It is open to the petitioner to render poojas, service and cleaning service of the Arulmigu Agasa Mariyamman Thirukoil. The respondent temple is directed to avail the service rendered by the petitioner to the temple.

5. With the above observations, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 14.12.2022 Index : Yes / No Speaking Order : Yes / No RM

To 1.The Commissioner HR and CE Department , Chennai.

2.The Joint Commissioner HR and CE Department, Mayiladurai, Nagapattinam District.

3.The Managing Trustee, Arulmigu Agasa Mariyamman Thirukoil, Nachiyarkovil, Kumbakonam Taluk, Thanjavur District.

M.DHANDAPANI,J.

RM 14.12.2022