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Madras High CourtWP(MD)/6311/2015allowed

A.Vijayan,Leading Fireman 6097 v. The District Officer,

2019-11-05Honourable Mr Justice S.S. Sundar2 pages

W.P.(MD)No.6311 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.6311 of 2015 and W.M.P.(MD)No.11030 of 2016 1.A.Vijayan 2.I.Chendurpandian 3.N.Palavesam 4.K.Marimuthu 5.M.Karuppiah 6.S.Manikandashanmugam 7.M.Kartheeswaran 8.V.Arunachalamurugan 9.S.Ganesan 10.S.Muniraj Gandhi 11.U.Arunachalam 12.N.Marikumar 13.R.Balakrishnan 14.C.Vivekanandan 15.A.Suresh Kumar 16.M.Ravindran 17.R.Sakthivel 18.K.Madasamy Raja 19.V.Jeyarathinakumar 20.R.Radhakrishnan 21.K.V.Mariappan 22.G.Murugan 23.K.Viswanathan 24.N.Pauldurai 25.S.Nambirajan 26.J.Barnabas Soloman 27.L.Radhakrishnan 28.T.Rengadurai ... Petitioners vs.

The District Officer, Fire and Rescue Services, Tirunelveli, Tirunelveli District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records pertaining to the impugned order of recovery in Pa.Aa.No.65/2015, Na.Ka.No.13817/Aa/2013, dated 27.03.2015, signed on 06.04.2015 on the file of the respondent and quash the same. For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.D.Muruganandam Additional Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6311 of 2015

O R D E R

This Writ Petition is filed challenging the impugned order of recovery in Pa.Aa.No.65/2015, Na.Ka.No.13817/Aa/2013, dated 27.03.2015.

2.The petitioners in this Writ Petition were appointed in the post of Fire Man in the year 1986. It is submitted that similar Writ Petition was filed earlier in W.P.(MD)No.4508 of 2015, by 12 persons, who are similarly placed and this Court has allowed the Writ Petition and quashed the impugned order of recovery, dated 04.02.2014. The learned Counsel for the petitioner seeks indulgence of this Court to allow this Writ Petition in tune with the order in the earlier Writ Petition in W.P.(MD)No.4508 of 2012, dated 03.09.2019.

3.In view of the order of this Court in a similar case, this Court is inclined to allow this Writ Petition. Accordingly, this Writ Petition is allowed and the impugned order of recovery in Pa.Aa.No.65/2015, Na.Ka.No.13817/Aa/2013, dated 27.03.2015, signed on 06.04.2015 passed by the respondent is set aside. However, it is open to the respondent to initiate appropriate proceedings in future in the manner known to law after giving adequate and sufficient opportunity to the petitioners. No costs. Consequently, connected miscellaneous is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) cmr To The District Officer, Fire and Rescue Services, Tirunelveli, Tirunelveli District.

+1 CC to SPL GP (SR-96356[F] dated 06/11/2019) W.P.(MD)No.6311 of 2015 05.11.2019 CS(20.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2