Madras High CourtWP(MD)/15901/2014dismissed

S. Jebamalai Markeret, v. The District Collector,

2020-11-11Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P(MD)No. 15901 of 2014 S. Jebamalai Markeret ... Petitioner Vs.

1. The District Collector, Tanjore District.

2. The Commissioner, Panchayat Union, Tanjore.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to reinstate the petitioner as Anganwadi worker in Panchayat union elementary school, Vallam or in the available vacancy. For Petitioner :

Mr. L. Anandkumar For Respondent-1 :

Mr.P. Mahendran Additional Government Pleader For Respondent-2 :

Mr.M. Muthusamy

O R D E R

The petitioner was appointed as noon meal organizer at Panchayat Union Girls Elementary School, Vallam. A criminal case was registered against the writ petitioner in S.C.No.188 of 2006 and she was terminated from service by the order of the first respondent dated 17.05.2004.

2.The learned counsel for the petitioner made a submission that the criminal case ended with an order of acquittal on 10.09.2009. The order of termination states that the petitioner was terminated from service on the ground that the petitioner had not submitted leave letter and not supplied food properly by not performing her duties and responsibilities. The notice issued by the first respondent was returned as if there was no person residing in the address furnished by the writ petitioner. However, the criminal case was registered and was acquitted in the year 2009 but the writ petitioner was terminated from service in the year 2004 itself. Even after the judgment in the criminal case, no action was taken by the petitioner contrarily a representation was submitted after a prolonged period in the year 2014. Based on the representation, the petitioner filed the present writ petition.

3.This Court is of the considered opinion that the petitioner was terminated from service in the year 2004 and acquitted in the criminal case in the year 2009 and she had approached the authority in the 2014, after a lapse of many years.

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4.In view of the facts and circumstances, this Court is of the considered opinion that the writ petition is filed belatedly and accordingly, the writ petition stands dismissed on the ground of latches. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ias/ksa To The District Collector, Tanjore District.

+1 CC to M/s.GP ( SR-22195[F] dated 19/11/2020 ) W.P[MD)]No. 15901 of 2014 11.11.2020 SS(CO) AP(27/11/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/