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Madras High CourtWP(MD)/2471/2018dismissed

M.Florencebai (Died) v. The District Collector

2021-11-26Honourable Dr Justice Anita Sumanth2 pages

W.P.(MD).No.2471 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.11.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD).No.2471 of 2018 and W.M.P.(MD).Nos.2671 and 2672 of 2018 M.Florencebai (died) 2.A.Moses 3.Annaselvam 4.M.Sebastian 5.M.Helan Mary 6.M.Abraham 7.M.Amestrong (P2 to P7 are substituted as LRs. of the deceased P1 vide order dated 22.08.2019 in WMP(MD).10179/2019 in WP(MD) No.2471/2018).

... Petitioners vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The District Child Development Officer, Tirunelveli District, Tirunelveli.

3. The Child Development Officer, Valliyoor, Tirunelveli District. ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned order of the first respondent in Se.Mu.Na.Ka. No.2444/A1/14, dated 23.02.2015, and quash the same and consequently direct the respondents herein to reinstate the petitioner in service with all back wages, monetary and attendant benefits.

For Petitioners : Mr.T.Selvakumaran For Respondents : Mr.A.K.Manikkam Special Government Pleader

O R D E R

The challenge is to an order dated 23.02.2015, terminating the services of the petitioner. The petitioner was working as an Anganwadi Worker in Valliyoor Panchayat, Tirunelveli District from the year 1991. She had applied for medical leave from 21.04.2014 to 17.08.2014 and has produced a medical certificate on the basis of which she had sought leave.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.2471 of 2018

2. Her case is that she had asked for extension of leave after 17.08.2014. However, there is nothing on record to establish either her request for leave by way of an application or any other medical record that she had produced before the respondents in this regard. The impugned order refers to various notices issued to her calling upon her to appear before the Medical Board. However, she does not appear before the Board and the affidavit filed in support of this writ petition also does not reflect any compliance with the notices issued by the respondents in this regard.

3. In such circumstances, I see no merit in this writ petition filed and no case made out for intervening or interfering with the impugned order dated 23.02.2015 which stands confirmed. This Writ Petition is dismissed. No costs.

Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) akv Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The District Child Development Officer, Tirunelveli District, Tirunelveli.

3.The Child Development Officer, Valliyoor, Tirunelveli District.

+1 C.C. to Special Government Pleader, S.R.No.36274. ORDER MADE IN W.P.(MD).No.2471 of 2018 26.11.2021 USK (05.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2