C.Dhanabal, v. The Chief Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twelfth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM WMP(MD) No.9468 of 2019 IN WP(MD) No.6078 of 2009 C.DHANABAL ... PETITIONER/ PETITIONER Vs 1.THE CHIEF SECRETARY, TAMIL NADU GOVERNMENT, ST.GEORGE FORT, CHENNAI - 600 009.
2.THE SECRETARY, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, SECRETARIAT, CHENNAI - 600 009.
3.THE COMMISSIONER, HR AND CE DEPT, UTTAMAR GHANDHI SALAI, NUNGAMBAKKAM, CHENNAI - 600 034 ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the order of dismissal for default dated 11.01.2018 in W.P.6078 of 2009 and to restore the aforesaid writ petition on the file of this Honourable Court and may be disposed on merits. Prayer in WP(MD). 6078/ 2009 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records on the file of the 2nd respopndent in G.O.No. 34 of Development of Tamil, Religious, department dated 31/01/2007 Assistant commissioners Panel list and quash the same as illegal, incompetent, and direct the respondents to prepare regular panel list for 2004-2005 for promotion considering the vacancies which arose even from the year 2003-2004 and pass suitable orders prepare a consolidated panel list and by implementing the same, grant promotion to the cadre of Assistant commissioner to the petitioner and implement the same in terms of monetary benefits with retrospective effect from 01/04/2004 till his dated of retirement and in consequence grant all monetary benefits payable to the petitioner till date and in future and for consequential order and thus render justice.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.LAJAPATHI ROY, Advocate for the petitioner and of Mr.D.MURUGANANTHAM, Additional Government Pleader on behalf of the Respondents, the court made the following order:- In view of the reasons stated in the accompanying affidavit filed in support of this petition, this W.M.P.(MD)No.9468 of 2019 is allowed, on condition to pay a sum of Rs.5,000/- to the Legal Aid Services Authority, Madurai Bench of Madras High Court, Madurai, on or before 20.06.2019, failing which the petition would stand automatically dismissed.
sd/- 12/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE CHIEF SECRETARY, TAMIL NADU GOVERNMENT, ST.GEORGE FORT, CHENNAI - 600 009.
2.THE SECRETARY, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, SECRETARIAT, CHENNAI - 600 009.
3.THE COMMISSIONER, HR AND CE DEPT, UTTAMAR GHANDHI SALAI, NUNGAMBAKKAM, CHENNAI - 600 034 COPY TO:
THE AUTHORITY OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN WMP(MD) No.9468 of 2019 IN WP(MD) No.6078 of 2009 Date :12/06/2019 pnn TK/PN/SAR.1/17.06.2019/2P/5C