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Madras High CourtWP(MD)/4937/2023withdrawn dismissed

Uthayasekar M v. The Principal Secretary To Government

2023-04-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.4615 and 4616 of 2023 M.Uthayasekar ... Petitioner Vs.

1.The Principal Secretary to Government, Department of School Education, Secretariat, Chennai - 9.

2.The Commissioner of School Education, DPI Campus, Chennai - 6.

3.The Chief Educational Officer, Ramanathapuram, Ramanthapuram District.

4.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records connected with the impugned order of termination 1/4

passed by the 4th respondent in Na.Ka.No.1157/A1/2020 dated 23.02.2023, quash the same and consequently direct the respondents to Re-instate and Regularise the service of the petitioner in the post of Typist from 02.11.2007 with consequential, monetary and service benefits including Annual Increment and Selection Grade along with arrears in the light of the Division Bench Judgment of this High Court reported in 2013 (1) CWC 337 dated 22.01.2023. For Petitioner : Mr.S.Govindan For Respondents : Mr.N.Satheesh Kumar, Addl. Government Pleader.

ORDER

The learned counsel for the petitioner seeks permission of this Court to withdraw this writ petition and also made an endorsement to that effect.

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2.Permission granted. This writ petition is dismissed as withdrawn. Liberty is given to the petitioner to file a fresh writ petition challenging the impugned order dated 23.02.2023 but confining his relief to continue in the education department only as a Rule 10(a)(1) employee. No costs. Consequently, connected miscellaneous petitions are closed.

13.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Principal Secretary, Department of School Education, Secretariat, Chennai - 9.

2.The Commissioner of School Education, DPI Campus, Chennai - 6.

3.The Chief Educational Officer, Ramanathapuram, Ramanthapuram District.

4.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

ias 13.04.2023 4/4