The State Of Tamil Nadu v. Pachaimuthu.P
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-01-2025
CORAM
THE HONOURABLE MR JUSTICE B.PUGALENDHI and WMP(MD)No.16218 of 2023 in WP(MD)No.22544 of 2021 WMP(MD)No.14818 of 2023
1. The State Of Tamil Nadu Rep. by its Principal Secretary to Government,
4. The Block Development Officer, Petitioners versus Pachaimuthu.P S/o.M.Paraman (Late), No.168, Thilagar St., Kurumbapatti Road, Adivaram, Palani Taluk, Dindigul District - 624 601. Respondent(s) 1/6
For Petitioners:
Mr.G.V.Vairam Santhosh, Additional Government Pleader For Respondent:
Mr.R.Karunanithi WMP(MD)No.16218 of 2023
1. The State Of Tamil Nadu Rep. by its Principal Secretary to Government, Petitioners versus
1. P.Vasantha, Deputy Block Development Officer, (Village Panchayat), O/o. The Panchayat Union Office, Guziliamparai, Guziliamparai Taluk, Dindigul District.
2. The Block Development Officer, Respondents 2/6
For Petitioners:
Mr.G.V.Vairam Santhosh, Additional Government Pleader For Respondent:
Mr.Nawas khan for M/s.Ajmal Associates for R1 COMMON ORDER The writ petitioners' seniority have been revised by the 3rd respondent/District Collector, Dindigual District that they have not completed Bhavani Sagar Training in time.
2. W.P.(MD)No.22544 of 2021 has been filed by referring the order passed by this Court in similar writ petition in W.P.(MD)No.25006 of 2019 dated 16.02.2021. This Court, by considering the order passed by this Court in similar writ petition in W.P.(MD)No.25006 of 2019 dated 16.02.2021, granted an order of interim injunction on 20.12.2021.
3. W.P.(MD)No.797 of 2022 has been filed by similarly placed person by referring the interim order passed by this Court in W.P.(MD)No.22544 of 2021 dated 20.12.2021. Based on that, interim injunction was also granted in W.P.(MD)No.797 of 2022, on 20.01.2022.
4. The Government has filed vacate stay petitions on 08.08.2023 and 18.07.2023 respectively. However, the vacate stay petitions were listed only in the year 2024. 3/6
5. The learned counsel appearing for the writ petitioners seek for a short accommodation for engaging a senior counsel.
6. Since the vacate stay petitions are pending from the year 2023, this Court is not inclined to grant further time.
7. The learned Additional Government Pleader has relied on the clarification letter issued by the Director of Rural Development and Panchayat Raj, Chennai, in Na.Ka.No.17118/2015/B2 dated 04.05.2015 and submits that the writ petitioners have cleared the Bhavani Sagar Training in the second attempt. Though they have been referred after two years, they have failed in the first attempt and they have cleared only in the second attempt and therefore, they cannot claim that they are entitled for declaration of probation on completion of two years.
8. Since this Court has granted an order of interim injunction based on the order passed by this Court in similar writ petition in W.P.(MD)No.25006 of 2019 dated 16.02.2021, this Court is inclined to vacate the interim injunction granted by this Court in both the writ petitions.
9. Accordingly, the interim injunction granted in W.M.P.(MD)No.19072 of 2021 in W.P.(MD)No.22544 of 2021, by order dated 20.12.2021 and in W.M.P.(MD)No.650 of 2022 in W.P.(MD)No.797 of 2022, by order dated 25.01.2022 are hereby vacated. 4/6
10. Post the matters for final disposal on 04.02.2025. sd/- 27/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO
1. The Principal Secretary to Government, State Of Tamil Nadu
4. The Block Development Officer, 5/6
ORDER
IN and WMP(MD)No.16218 of 2023 in WP(MD)No.22544 of 2021 Date :27/01/2025 SA/GSV/SAR. /03.02.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6