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Madras High CourtWP(MD)/6446/2019closed

S.Muniasamy v. The Personal Assistant

2022-12-09Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2022

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.5151, 5152 & 12727 of 2019 S.Muniasamy ... Petitioner Vs.

1. The Personal Assistant (Development), To District Collecotr, Tirunelveli District, Tirunelveli.

2. The Block Development Officer (Village Panchayat), O/o the Vasudevanallur Panchayat Union, Vasudevanallur Post, Tirunelveli District.

3. The Deputy Block Development Officer (Village Panchayats), Zone-I, O/o the Vasudevanallur Panchayat Union, Vasudevanallur Post, Tirunelveli District.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned order passed by the first respondent in his proceedings Na.Ka.No. Gna.12/14835/2018 dated 13.03.2019 and quash the same and consequently direct the respondents to permit the petitioner to continue as Panchayat Secretary in Thenmalali Village Panchayat, Vasudevanallur Panchayat Union, Tirunelveli District.

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed challenging the transfer order with the consequential prayer to permit the petitioner to continue in the same place as Panchayat Secretary in Thenmalali Village Panchayat.

2. At the time of admission, this Court has granted an Interim stay and the petitioner is continuing in the same post without reporting to 2/5

duty in the transferred post. The petitioner was continuing based on the impugned order for the past three years. In the meanwhile, the petitioner has been placed under suspension and he is facing 17(b) charges. Since the petitioner has served in the said place for more than three years, the respondent is granted liberty to transfer to any place in accordance to law. Since the petitioner is continuing in the same place based on the interim order, the petitioner is eligible for salary and other benefits.

3. With the above said observation, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. 09.12.2022 Index :

Yes / No Internet :

Yes / No jbr 3/5

To

1. The Personal Assistant (Development), To District Collecotr, Tirunelveli District, Tirunelveli.

2. The Block Development Officer (Village Panchayat), O/o the Vasudevanallur Panchayat Union, Vasudevanallur Post, Tirunelveli District.

3. The Deputy Block Development Officer (Village Panchayats), Zone-I, O/o the Vasudevanallur Panchayat Union, Vasudevanallur Post, Tirunelveli District.

4/5

S.SRIMATHY, J jbr Order made in 09.12.2022 5/5