P. Sureshkumar v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.(MD)Nos.94 and 95 of 2014 W.A.(MD)No.94/2014:
P.Sureshkumar ... Appellant/6th Petitioner Vs.
Hindu Religious and Charitable Endowments Department, Samayapuram, Trichy District.
... Respondents 1 & 2/ Respondents 3.N.Selvaraj 4.A.Rathinavel 5.M.Gopinath 6.P.Gunalan 7.P.Ganesan 8.G.Kalaiselvan 9.R.Rasukannu 10.S.Ashok Kumar 11.V.Veeramani 12.S.Prakash 13.M.Kumar 14.B.Prabakaran 15.P.Ananthakumar 16.J.Kaliyamurthy 17.B.Ganesan 18.R.Jeyaraman 19.S.Periyannan 20.A.Muthumalai 21.M.Karthikeyan 22.P.Ravichandran 23.K.Natarajan ... Respondents 3 to 23/ Petitioners 1 to 5 & 7 to 22 [Notice to the respondents 3 to 23 may be dispensed with, since they are formal parties]
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order dated 27.06.2012, made in W.P.(MD) No.7744 of 2011.
Prayer in WP(MD). 7744/ 2011 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus or any other Writ of Order or Direction in the nature of Writ directing the 2nd respondent to permit the petitioners to sign the attendance register.
For Appellant : Mr.R.Sreenivasan For R1 & R2 : Mr.V.Muruganantham Additional Government Pleader W.A.(MD)No.95 of 2014:- Veldurai ... Appellant/3rd Petitioner Vs.
Hindu Religious and Charitable Endowments Department, Samayapuram, Trichy District.
... Respondents 1 & 2/ Respondents 3.V.Subramanian 4.B.Mathukumar 5.K.Sudarsanan ... Respondents 3 to 5/ Petitioners 1, 2 & 4 [Notice to the respondents 3 to 5 may be dispensed with, since they are formal parties] PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent, against the order dated 27.06.2012, made in W.P.(MD) No.7747 of 2011.
Prayer in WP(MD). 7747/ 2011 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus or any other Writ of Order or Direction in the nature of Writ directing the 2nd respondent to permit the petitioners to sign the attendance register.
For Appellant : Mr.R.Sreenivasan For R1 & R2 : Mr.V.Muruganantham Additional Government Pleader COMMON JUDGMENT [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] Heard Mr.R.Sreenivasan, learned counsel appearing for the appellants and Mr.V.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 and 2 in both the Writ Appeals.
2.These Writ Appeals are directed against the order, dated 27.06.2012 made in W.P.(MD)Nos.7744 & 7747 of 2011. 3.The appellants filed the Writ Petitions seeking a direction to the second respondent to permit them to sign the Attendance Register.
4.The abovesaid Writ Petitions were dismissed on the ground that unless the termination is declared as illegal, a direction cannot be given for restoration of the appellants in service. Furthermore, the respondents 1 and 2 took a specific stand that without calling for applications from the Employment Exchange and without any advertisement and without conducting interview, the appellants claimed to have been appointed and such appointment is wholly illegal. Thus, we are in entire agreement with the view expressed by the learned Single Judge, in W.P.(MD)Nos.7744 to 7748 and 9490 of 2011. Accordingly, the impugned order does not call for any interference by us. Hence, these Writ Appeals are dismissed. No costs.
Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To Hindu Religious and Charitable Endowments Department,
Samayapuram, Trichy District.
+1cc to Mr.R.Nandakumar, Advocate Sr.No.54277 smn2 vb/mms/15.05.2017/4p/4c COMMON JUDGMENT MADE IN W.A.(MD)Nos.94 and 95 of 2014 26.04.2017