S.Ganesan, v. The Director Of Town
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.7017, 7019 to 7021 of 2018 and W.M.P.(MD)Nos.6715, 6716, 6719 to 6724 of 2018 S.Ganesan ... Petitioner in W.P.(MD)No.7017 of 2018 V.Moorthy ... Petitioner in W.P.(MD)No.7019 of 2018 U.Sorimuthu ... Petitioner in W.P.(MD)No.7020 of 2018 K.Shanmugaram ... Petitioner in W.P.(MD)No.7021 of 2018 -Vs1. The Director of Town Panchayats, Kuralagam, Chennai-600 108.
2. The Assistant Director of Town Panchayats, N.G.O.Colony, Tirunelveli.
... Respondents 1 and 2 in all W.Ps.
3. Alangulam Town Panchayat, Represented by its Executive Officer, Alangulam, Tirunelveli District. ... 3rd Respondent in W.P.(MD)No.7017 of 2018
3. Panagudi Town Panchayat, Represented by its Executive Officer, Panagudi, Tirunelveli District.
... 3rd Respondent in W.P.(MD)No.7019 of 2018 3.Pathamadai Town Panchayat, Represented by its Executive Officer, Pathamadai, Tirunelveli District.
... 3rd Respondent in W.P.(MD)No.7020 of 2018 3.Surandai Town Panchayat, Represented by its Executive Officer, Surandai, Tirunelveli District.
... 3rd Respondent in W.P.(MD)No.7021 of 2018
COMMON PRAYER:Writ Petitions are 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.Nos.425/2015/A1, 607/2015, 148/2015 and 151/2015/A1 dated 04.12.2015, 31.12.2015, 18.01.2016 and 08.12.2015 respectively, quash the same. For Petitioners : Mr.R.Subramanian For R1 and R2 : Mr.K.Saravanan, Government Advocate.
For R3 : Mr.M.Rajarajan (in all Writ Petitions) COMMON ORDER Heard the learned counsel on either side.
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 Sanitary Workers and Over Head Tank Watchman. 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 orders. 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.
Following the said decision, this Court is inclined to direct the third respondent in all the Writ Petitions to revoke the orders of suspension impugned in these Writ Petitions and consequently reinstate the petitioners in service forthwith. It is however made clear that the third respondent in all the writ petitions are at liberty to proceed with the disciplinary proceedings initiated against the petitioners and pass final orders in accordance with law.
6.These Writ Petitions stand allowed accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CO) /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. The Executive Officer, Alangulam Town Panchayat, Alangulam, Tirunelveli District.
4.The Executive Officer, Panagudi Town Panchayat, Panagudi, Tirunelveli District.
5.The Executive Officer, Pathamadai Town Panchayat, Pathamadai, Tirunelveli District.
6.The Executive Officer, Surandai Town Panchayat, Surandai, Tirunelveli District.
• 4 ccs TO Mr.R.Subramanian, Advocate in SR Nos.58736,58738, 58739,58740 tsg AE/KKR/SAR3/29.05.2018/3P/11C W.P.(MD)Nos.7017, 7019 to 7021 of 2018 28.03.2018