Sebashthiyan A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.21194 of 2021 and WMP(MD) Nos.17778, 17779 of 2021 A.Sebashthiyan ... Petitioner Vs 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Assistant Director of Panchayat, O/o. the Assistant Director of Panchayat, The District Collectorate Campus, Ramanathapuram.
3.The Block Development Officer, O/o. the Block Development Officer, Ramanathapuram.
4.The Panchayat President, Theriruveli Panchayat, Ramanathapuram District, Ramanathapuram.
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Order in Na.Ka.Theri.Oo/01/2020 dated 31.10.2020 on the file of the Respondent No.4 and quash the same as illegal and consequently directing the Respondents to re-instate the Petitioner as a sanitary worker with the 4th Respondent's Panchayat and permit him to continue his service till 25.05.2024 with all consequential benefits within the time stipulated as fixed by this Court. For Petitioner : Mr.T.Thirumurugan For R1 & R2 : Mr.K.Balasubramani Special Government Pleader
O R D E R
The petitioner was appointed as a sanitary worker in the Theriruveli Panchayat, Ramanathapuram District/the fourth respondent herein on 01.01.1987. His date of birth is 25.05.1964. However, the petitioner was permitted to retire from service on 31.10.2020 by the fourth respondent, vide his proceedings in Na.Ka.Theri.Oo/01/2020, dated 31.10.2020, treating his date of birth as 05.10.1950 and he has attained the age of 60 years as on 2/5
31.10.2020. The relieving order dated 31.10.2020 is challenged in this writ petition.
2.While entertaining this writ petition, this Court, by order, dated 29.11.2021, has granted an interim direction, directing the fourth respondent to allow the petitioner to work as a sanitary worker in the office of the fourth respondent. 3.Today(28.01.2025), when this writ petition is taken up for hearing, the learned Special Government Pleader appearing for the respondents submits that pursuant to the order of this Court, dated 29.11.2021, this petitioner was permitted to work till 30.11.2023 and he was allowed to retire on the date of his attaining superannuation and therefore, nothing survives in this writ petition for further adjudication.
4.Recording the submission made by the learned Special Government Pleader, this writ petition is closed as infructuous. No 3/5
costs. Consequently, connected Miscellaneous petitions are also closed.
28.01.2025 (1/2) NCC:Yes/No Index:Yes vrn To 1.The District Collector, Ramanathapuram District, Ramanathapuram.
2.The Assistant Director of Panchayat, O/o. the Assistant Director of Panchayat, The District Collectorate Campus, Ramanathapuram.
3.The Block Development Officer, O/o. the Block Development Officer, Ramanathapuram.
4.The Panchayat President, Theriruveli Panchayat, Ramanathapuram District, Ramanathapuram.
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B.PUGALENDHI, J.
vrn Order made in W.P(MD)No.21194 of 2021 and WMP(MD) Nos.17778, 17779 of 2021 28.01.2025 (1/2) 5/5