Vasu v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Vasu ... Petitioner Vs 1.The Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Municipal Administration, 11th Floor, Urban Administrating Building (opp. CIBA BLDG 75), Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai, Tamil Nadu - 600 028.

3.The Regional Director of Municipal Administration, Ram Popular Road, Manakavalam Pillai Nagar, Tirunelveli - 627 002 4.The Commissioner, Arupukkottai Municipality, Arupukkottai, Virudhunagar District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the 4th respondent to allow the petitioner to continue his work of Gang Masthur at Aruppukottai Municipality, Virudhunagar District and consequently direct the 4th respondent to pay his 1/4

salary from 01.06.2024 to till date.

For Petitioner : Mr.R.Murugappan For Respondents : Mr.S.Shaji Bino Special Government Pleader for R1 to R3 Mr.N.Dilipkumar for R4 * * * * *.

ORDER

The instant writ petition has been filed by a Gang Mazdoor working under the fourth respondent/Municipality seeking a mandamus directing the fourth respondent to allow the petitioner to continue his duty of Gang Mazdoor at Arupukottai Municipality, Virudhungar District. 2.According to the learned Standing Counsel appearing for the fourth respondent, the petitioner has not reported for duty after 25.05.2024 and therefore, the case of the petitioner is that he was not prevented from attending duty on and after 25.05.2024, is factually incorrect. 3.Considering the above said facts, this Court directs the fourth respondent municipality to permit the petitioner to report for duty on 16.08.2024 and other issues relating to membership of the Contributory Pension Scheme shall be decided based on the orders of this Court. 2/4

4.With the above said observations, this writ petition stands disposed of. No costs.

14.08.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The Secretary to Government, Municipal Administration & Water Supply Department, Secretariat, Chennai - 600 009.

2.The Commissioner of Municipal Administration, 11th Floor, Urban Administrating Building (opp. CIBA BLDG 75), Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai, Tamil Nadu - 600 028.

3.The Regional Director of Municipal Administration, Ram Popular Road, Manakavalam Pillai Nagar, Tirunelveli - 627 002 4.The Commissioner, Arupukkottai Municipality, Arupukkottai, Virudhunagar District.

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R.VIJAYAKUMAR , J.

RJR 14.08.2024 4/4