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Madras High CourtWP(MD)/8862/2018disposed of

Anjaladevi, v. The Director,

2018-04-20Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.8862 of 2018 and W.M.P.(MD) No.8287 of 2018 Anjaladevi

...Petitioner

Vs.

The Director, Social Welfare Department, Industrial Estate, Guindy, Chennai 600 032 ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, call for the records of the impugned order in Proc.No.2073/Admn 5-1/2017, dated 07.07.2017 issued by the respondent and quash the same as illegal and consequently direct the respondent to reinstate the petitioner in service, in the light of the Judgment of the Hon'ble Apex Court reported in (2015) 7 SCC 291 and letter No.13519/N/2015-I, dated 23.07.2015 issued by the P & AR(N) Department, Government of Tamil Nadu.

For Petitioner : Mr.S.Venkatesan For Respondent : Mrs.S.Srimathy, Special Government Pleader.

ORDER

The prayer sought for in this Writ Petition is for seeking to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order in Proc.No.2073/Admn 5-1/2017, dated 07.07.2017 issued by the respondent and quash the same as illegal and consequently, direct the respondent to reinstate the petitioner in service, in the light of the Judgment of the Hon'ble Apex Court reported in (2015) 7 SCC 291 and letter No.13519/N/2015-I, dated 23.07.2015 issued by the P & AR(N) Department, Government of Tamil Nadu.

2. Heard Mr.S.Venkatesan, learned counsel for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents.

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3. Mr.S.Venkatesan, learned counsel appearing for the petitioner would submit that, though the petitioner has moved this writ petition with a larger prayer, the petitioner would confine with a prayer seeking a direction from this Court to the respondent to consider his representation dated 09.08.2017, regarding the revocation of suspension of the petitioner and in this regard, if such a direction is given to consider the representation and an order to that effect is directed to be passed, the petitioner would be satisfied.

4. I have heard Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondent, who would submit that the petitioner's representation dated 09.08.2017 would be considered and an order to that effect will be passed, in accordance with law and on merits within the time stipulated by this Court.

5. Considering the submissions made by both the counsel appearing on either sides, this writ petition is disposed of with the following direction:- "that the respondent shall consider the petitioner's representation dated 09.08.2017, regarding his request for revocation of suspension, taking into account his prolonged suspension from June 2017 onwards and pass order thereon on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order." However, there shall be no order as to costs. Consequently, connected W.M.P.(MD) No.8287 of 2018 is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The Director, Social Welfare Department, Industrial Estate, Guindy, Chennai 600 032.

+1CC to Mr.S.Venkatesan, Advocate, SR.No.62791 +1CC to the Special Government Pleader SR.No. 62727 W.P.(MD)No.8862 of 2018 20.04.2018 STS ES/JC/SAR 1/11.06.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/