Pavalakodi.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.18272 of 2022 and W.M.P(MD).Nos.13332 and 13333 of 2022 M.Pavalakodi ... Petitioner /vs./ 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Personal Assistant (Noon-Meal) To the Collector, Virudhunagar District, Virudhunagar.

3.The Commissioner, Kariapatti Panchayat Union, Kariapatti, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay interest at the rate of 12% per annum for the period of delay from the petitioner's date of retirement (31.05.2018) to till the date of reimbursement (21.09.2019) of amount paid towards the petitioner's terminal and pension benefits namely EPF Employee's Contribution, Gratuity and Encashment of Earned/Sick leave, within a time stipulated by this Court.

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For Petitioner : Mr.A.K.Hemaraj For Respondents : Mr.G.Suriyananth Additional Government Pleader (for R1 & R2) Mr.G.V.Vairam Santhoush Senior Counsel (for R3)

ORDER

The impugned order of removal from service of the petitioner herein dated 03.08.2010 was already put under challenge by the petitioner before this Court in W.P(MD).No.202 of 2011, which came to be dismissed for default on 02.08.2011 itself. The order of dismissal does not grant liberty to the petitioner to challenge the impugned order again before this Court. The prayer in the present writ petition is a challenge to the same order of removing the petitioner from service, dated 03.08.2020. In view of the earlier challenge made by the petitioner before this Court which came to be dismissed, the present writ petition is barred under the principles of res-judicata. Hence, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. 12.08.2022 Index : Yes / No Internet : Yes / No Rmk 2/4

To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Personal Assistant (Noon-Meal) To the Collector, Virudhunagar District, Virudhunagar.

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M.S.RAMESH, J.

Rmk Order made in W.P.(MD)No.18272 of 2022 Dated:

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