K.Periyasamy v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice MUMMINENI SUDHEER KUMAR in WP(MD).No.2258 of 2020 1.K.Periyasamy

2. A.Karuppu 3.V.Lakshmanan ... Petitioners/Petitioner Vs 1 The Secretary Backward Classes and Most Backward Classes and Minorities Welfare Department Secretariat Fort St. George Chennai-600 009.

2 The Commissioner Most Backward Classes and Denotified Community Welfare Ezilagam, Chepauk , Chennai 1/4

3 The Joint Director Kallar Reclamation Madurai-625 020 ... Respondents/Respondents Prayer :- Writ Miscellaneous Petition filed under Article 226 of Constitution of India to restore the W.P.(MD).No. 2258 of 2020 to file which is dismissed for default on 21.12.2022 and dispose off the same on merits. Prayer in W.P.(MD).No. 2258 of 2020:

Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records in Na.Ka.No.H 10/82237/05 dated 29.10.2008 by which the 3rd respondent regularized the service of the petitioners to time scale from 20.09.2007 and quash the same and further direct the 1st respondent to regularize the service of the petitioners, from the date of their joining in Government Kallar Reclamation boys Students Hostel as cooks (ie) in respect of petitioners No.1 and 2 from 08.12.1998 and petitioner No.3 from 19.01.1999, on the basis of the G.O.No.67 dated 02.07.1998, issued by Backward Classes and Most Backward Classes Welfare Department and granting all service benefits.

ORDER:- This Writ Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.D.Sasikumar, Additional Government Pleader for the respondents and none having appeared for the Petitioner either in person or through Counsel, this Court made the following order: For the reasons stated in the affidavit filed in support of this application, this Court is convinced that there is sufficient cause for non-appearance 2/4

of the petitioner on 21.12.2022. Hence, this application is ordered. Consequently, the order dated 21.12.2022 passed in the main writ petition is set aside and the writ petition is restored on to the file of this Court.

2. Post the writ petition on 02.04.2024.

Sd/- Assistant Registrar ( CS-I) // True Copy // /03/2024 Sub Assistant Registrar (CS - I / II / III/ IV) TO 1 The Secretary Backward Classes and Most Backward Classes and Minorities Welfare Department Secretariat Fort St. George Chennai-600 009.

2 The Commissioner Most Backward Classes and Denotified Community Welfare Ezilagam, Chepauk , Chennai 3 The Joint Director Kallar Reclamation Madurai-625 020 3/4

4. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 06/03/2024 NEXT DATE : 02/04/2024 ==========================

ORDER

========================== in WP(MD).No.2258 of 2020 Giving direction and etc.

as stated within.

DL/(14.03.2024)/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4