Balaji .N.A v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.8342 of 2024 and WMP(MD)No.7555 of 2024 N.A.Balaji .. Petitioner Vs.
1. The Commissioner, Hindu Religious and Charitable Endowments (HR and CE), No.119, Uthamar Gandhi Road, Nungambakkam, Chennai.
2. The Joint Commissioner, Arulmigu Dhandhayuthapani Thirukovil, Palani,
3. The Correspondent / Deputy Commissioner, Arulmigu Dhandhayuthapani Thirukovil Polytechnic College, Palani,
4. The Principal, Arulmigu Dhandhayuthapani Thirukovil Polytechnic College, Palani, 1/6
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to permit the petitioner to continue in the 3rd respondent college as Skilled Assistant with all consequential benefits by considering the petitioner's representation dated 20.03.2024.
For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.P.Subburaj, Special Government Pleader for R1 to R3 : Mr.R.Murali, Standing Counsel for R4
ORDER
The writ petition has been filed for issuance of Writ of Mandamus, to direct the respondents to permit the petitioner to continue in the 3rd respondent college as Skilled Assistant with all consequential benefits by considering the petitioner's representation dated 20.03.2024. 2/6
2. Heard Mr.V.Panneer Selvam, learned counsel appearing for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.R.Murali, learned Standing Counsel appearing for the 4th respondent.
3. By consent of both parties, this writ petition is taken up for final hearing at the admission stage itself.
4. The petitioner was appointed as Skilled Assistant as part time employee with the salary of Rs.6,500/- per month in the third respondent college. Thereafter he was brought under the consolidated pay scheme from January, 2023. However, without any order, the 3rd and 4th respondents have orally terminated the petitioner from service and he was stopped to work. Since the petitioner has been arbitrarily terminated, the petitioner has filed this writ petition seeking a direction to the respondents to permit the petitioner to continue the service in the 3rd respondent college.
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5. Mr.P.Subbaraj, learned Special Government Pleader appearing for the respondents 3 and 4 submitted that the petitioner has been appointed only on a temporary basis and he cannot claim any continuation of engagement as a matter of right. In fact, the petitioner has indulged in taking photographs of the eviction proceedings initiated by the respondents and the same has been uploaded in the electronic media. Hence, the 3rd and 4th respondents have orally terminated the petitioner from service.
6. The learned counsel for the petitioner submitted that there is no repercussion upon the reputation of the respondent Department and the photographs do not have any offensive contents. In such case, the petitioner can give a representation to the respondents and on such representation, the respondents 3 & 4 shall consider the same and do the needful.
7. With the above direction, this writ petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 02.04.2024 Index :
Yes / No Internet :
Yes / No PJL 4/6
To
1. The Commissioner, Hindu Religious and Charitable Endowments (HR and CE), No.119, Uthamar Gandhi Road, Nungambakkam, Chennai.
2. The Joint Commissioner, Arulmigu Dhandhayuthapani Thirukovil, Palani,
3. The Correspondent / Deputy Commissioner, Arulmigu Dhandhayuthapani Thirukovil Polytechnic College, Palani,
4. The Principal, Arulmigu Dhandhayuthapani Thirukovil Polytechnic College, Palani, 5/6
R.N.MANJULA , J.
PJL W.P.(MD)No.8342 of 2024 and WMP(MD)No.7555 of 2024 02.04.2024 6/6