Murugan.K v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and WMP(MD)No.18760 of 2022 K.Murugan ... Petitioner Vs The Executive Officer, T. Kallupatti Panchayat Union, T. Kallupatti, Madurai District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Wirt of Certiorarified Mandamus, calling for the records relating to the impugned suspension order, dated 18.04.2012 passed by the respondent in his proceedings in Na.Ka.No.3/2012 and quash the same and consequently direct the respondent to reinstate the petitioner in service with full backwages and treat the period from the date suspension till the date of reinstatement as spent on duty for all purposes with all attendant and accrued benefits arising thereon within the time stipulated by this Court. For Petitioner : Mr.K.Muthumalai For Respondents : Mr.M.Prakash Additional Government Pleader 1/4

ORDER

The present writ petition has been filed seeking a direction to quash the impugned suspension order, dated 18.04.2012 passed by the respondent in his proceedings in Na.Ka.No.3/2012 and consequently direct the respondent to reinstate the petitioner in service with full backwages and treat the period from the date suspension till the date of reinstatement, as spent on duty for all purposes, with all attendant and accrued benefits arising thereon within the time stipulated by this Court.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.Heard, Mr.K.Muthumalai, learned counsel appearing for the petitioner and Mr.M.Prakash, learned Additional Government Pleader appearing for the respondent. Perused the materials on record. 4.Today, when the writ petition came up for hearing, the learned counsel for the petitioner submitted that the impugned suspension order, dated 2/4

18.08.2017 has already been revoked as early as on 01.03.2019. However, he was not provided with the backwages for the relevant period. 5.It is seen that the writ petition has been filed only assailing the impugned suspension order, dated 18.08.2017. Since the same has already been revoked, the prayer sought for in the writ petition has become infrcutuous. Accordingly, this writ petition is dismissed as infructuous. However, liberty is given to the petitioner to make a fresh representation as far as the back wages are concerned. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

17.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The Executive Officer, T. Kallupatti Panchayat Union, T. Kallupatti, Madurai District.

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L.VICTORIA GOWRI, J.

PNM ORDER IN and WMP(MD)No.18760 of 2022 17.08.2023 4/4