P.Sathiskumar v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.7908 of 2019 and 17634, 17635 and 17636 of 2018 P.Sathiskumar ... Petitioner in W.P.(MD)No.7908 of 2019 R.Moorthy ... Petitioner in W.P.(MD)No.17634 of 2018 K.Gnanaenderan ... Petitioner in W.P.(MD)No.17635 of 2018 R.Vaithilingam ... Petitioner in W.P.(MD)No.17636 of 2018 Vs The Executive Officer, Rayagiri Town Panchayat, Rayagiri, Tirunelveli District.

... Respondent in all W.Ps COMMON PRAYER:

Petitions filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent to reinstate the petitioners into the service in the light of the order passed in W.A.(MD) Nos.1467 and 1468 of 2015, dated 23.09.2016.

` (in all W.Ps) For Petitioner : Mr.R.Pon Karthikeyan For Respondent : Mr.M.Rajarajan Government Advocate COMMON ORDER Heard the learned counsel on either side.

2.The writ petitioners were appointed as sweeper, office assistant respectively in the respondent panchayat. The appointment was under the quota meant for physically challenged candidates. It appears that the disability certificate produced by the writ petitioners was not genuine. The petitioners were suspended vide order dated 01.12.2015. The petitioners' suspension has not been reviewed or revoked till date. In the meanwhile, a number of similarly placed persons obtained relief in several writ proceedings. The Honourable Division Bench of this Court by order dated 23.09.2016 in W.A.No.1467 and 1468 of 2015 directed the reinstatement of the delinquents subject to the authority having liberty to continue the disciplinary proceedings. https://hcservices.ecourts.gov.in/hcservices/

3.The cases on hand are identical. Therefore, the respondent is directed to revoke the order of suspension imposed on the writ petitioners and reinstate the petitioners in service forthwith. It is made clear that the disciplinary proceedings initiated against the writ petitioners shall go on.

4.With this liberty to the respondent, the writ petitions are allowed. No costs.

Sd/- Vacation Officer/ Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ias To:

The Executive Officer, Rayagiri Town Panchayat, Rayagiri, Tirunelveli District.

+4CC TO MR.R.PON KARTHIKEYAN, Advocate Sr. No.65649 TO 65652 W.P.(MD)Nos.7908 of 2019 and 17634, 17635 and 17636 of 2018 09.05.2019 NA(CO) TR (24.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/