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Madras High CourtCMP(MD)/4904/2023ordered

The State Of Tamil Nadu, v. S. Sujatha

2023-04-25Honourable The Acting Chief Justice,Honourable Mr Justice R. Subramanian5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fifth day of April Two Thousand and Twenty Three PRESENT The Hon`ble The ACTING CHIEF JUSTICE and The Hon`ble Mr.Justice R.SUBRAMANIAN in WA(MD) SR Nos.24292 to 24296 of 2023

1. The State of Tamil Nadu, Represented by its Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Rural Development and Panchyat Raj, Panagal Maligai, 4th and 5th Floor, Abdul Razzak Street, Saidapet, Chennai.

3. The District Collector, Madurai District, Madurai.

4. The District Collector, Trichy District, Trichy.

5. The Block Development Officer(B.P), Panchayat Union, Usilampatti, Madurai.

6. The Block Development Officer(B.P.), Thiruvembur Panchayat Union, Thiruvembur, Trichy District.

... Petitioners/Appellants/ Respondents in all petitions - Vs. - S. Sujatha ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4904/2023 K. Anitha ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4905/2023 1/5

M. Mahendran ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4907/2023 K. Avudaiappan ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4911/2023 M. Sengapuli ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4914/2023 Prayer in CMP(MD)No.4904/2023 :

To condone the delay of 83 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No. 12768 of 2022, dated 09.11.2022 and thus render justice. Prayer in CMP(MD)No.4905/2023 :

To condone the delay of 110 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No. 12771 of 2022, dated 09.11.2022 and thus render justice. Prayer in CMP(MD)No.4907/2023 :

To condone the delay of 110 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No. 13008 of 2022, dated 09.11.2022 and thus render justice. Prayer in CMP(MD)No.4911/2023 :

To condone the delay of 110 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No.13009 of 2022, dated 09.11.2022 and thus render justice. Prayer in CMP(MD)No.4914/2023 :

To condone the delay of 110 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No. 13010 of 2022, dated 09.11.2022 and thus render justice. Prayer in WA(MD)SR.No.24292/2023 :

To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.12768 of 2022, dated 09.11.2022. Prayer in WA(MD)SR.No.24293/2023 :

To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.12771 of 2022, dated 09.11.2022. 2/5

Prayer in WA(MD)SR.No.24294/2023 :

To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.13008 of 2022, dated 09.11.2022. Prayer in WA(MD)SR.No.24295/2023 :

To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.13009 of 2022, dated 09.11.2022. Prayer in WA(MD)SR.No.24296/2023 :

To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.13010 of 2022, dated 09.11.2022. Prayer in WP(MD). 12768/ 2022 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha4/2374/2021-5, dated 14.06.2022 and quash the same as illegal and consequently direct the 4th respondent to reinstate the petitioner in service as Record Clerk with continuity of service along with back wages forthwith and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 12771/ 2022 :

Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Certiorarified Mandamus calling for entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha4/2374/2021-1 dated 14.06.2022 and quash the same as illegal and consequently direct the 4th respondent to reinstate the petitioner in service as Record Clerk with continuity of service along with back wages forthwith and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 13008/ 2022 :

Writ Petition filed under Article 226 of Constitution of India , praying this Court to issue of Writ of Certiorarified Mandamus Calling for the entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha4/2374/2021-4, dated 14.06.2022 and quash the same as illegal and consequently direct the direct the 4th respondent to reinstate the petitioner in service as Record clerk with continuity of service along with back wages forthwith and pass such further or 3/5

other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 13009/ 2022 :

Writ Petition filed under Article 226 of Constitution of India , praying this Court to issue of Writ of Certiorarified Mandamus Calling for the entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha4/2374/2021-2, dated 14.06.2022 and quash the same as illegal and consequently direct the direct the 4th respondent to reinstate the petitioner in service as Record clerk with continuity of service along with back wages forthwith and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in WP(MD). 13010/ 2022 :

Writ Petition filed under Article 226 of Constitution of India , praying this Court to issue of Writ of Certiorarified Mandamus Calling for the entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha7/2374/2021-3, dated 14.06.2022 and quash the same as illegal and consequently direct the direct the 4th respondent to reinstate the petitioner in service as Driver with continuity of service along with back wages forthwith and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.BASKARAN, Additional Government Pleader assisted by MR.S.P.

MAHARAJA, Special Government Pleader for the petitioners in all petitions and of M/S.AL.KANNAN, Advocate on behalf of the Respondents in CMP(MD) Nos.4904, 4905 of 2023, M/S.T.ANTONY ARULRAJ, Advocate for Respondents in CMP(MD) Nos.4907, 4911, 4914 of 2023, the court made the following order:- [Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] Mr.AL.Kannan, learned counsel, takes notice for the sole respondent in all the petitions.

2. Having satisfied with the reasons stated in the accompanying affidavit filed in support of these petitions, these petitions are allowed and the delay is condoned.

3. Accepting the submissions made by the learned Additional Advocate General that similar matters are also pending, these 4/5

matters can be tagged with the pending writ appeals. However, the learned counsel for the respondents has made objections for grant of any interim relief on the ground that in the pending matters, the respondents have not joined, whereas, in the present appeals, the respondents have already joined and they have been allowed to work for more than two months, for which, they have also been paid salary.

sd/- 25/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RR TO

1. The Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George, Chennai - 600 009.

2. The Director of Rural Development and Panchyat Raj, Panagal Maligai, 4th and 5th Floor, Abdul Razzak Street, Saidapet, Chennai.

3. The District Collector, Madurai District, Madurai.

4. The District Collector, Trichy District, Trichy.

5. The Block Development Officer(B.P), Panchayat Union, Usilampatti, Madurai.

6. The Block Development Officer(B.P.), Thiruvembur Panchayat Union, Thiruvembur, Trichy District.

ORDER

IN CMP.(MD) Nos.4904, 4905, 4907, 4911 and 4914 of 2023 in WA(MD) SR Nos.24292 to 24296 of 2023 Date :25/04/2023 NA/BUC/SAR-3/03.05.2023/5P/7C 5/5