F.Rayappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P(MD).No.22005 of 2019 F.Rayappan ... Petitioner Vs.

1.The District Collector, O.o., The District Collector Office, Theni District.

2.The Commissioner, Uthamapalayam, Theni District.

3.The Block Development Officer (Block Panchayat), O/o., The Block Development Office, Uthamapalayam, Theni District.

4.Bharathamani The Commissioner, Uthamapalayam, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records relating to the impugned order passed by the second respondent in his proceedings in e.f.vz;.958/2019/m1 dated 15.11.2019 and quash the same as illegal.

For Petitioners : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader (for R1) Mr.A.Thiagarajan Government Advocate (for R2 & R3) 1/3

O R D E R

The petitioner, who was serving as a Night Watchman at the Panchayat Union Office, Uthamapalayam, Theni District, was deputed as an Office Assistant in the same Office through an order dated 14.11.2019. By the impugned order dated 15.11.2019, the order deputing the petitioner as an Office Assistant came to be cancelled and the petitioner was directed to continue as a Night Watchman. Aggrieved against the cancellation, the present writ petition has been filed.

2.Today, when the matter was called, the learned Government Advocate appearing for the second respondent had produced written instructions that there is a vacancy which would arise on 01.03.2020 in the post of Office Assistant in the respondent Panchayat Union and that they have decided to post the petitioner in the Panchayat Union as an Office Assistant with effect from 01.03.2020. In view of such a decision taken, the petitioner may not have any further grievances.

3.Recording the submission made by the learned Government Advocate for the second respondent, the Writ Petition stands closed. Incase, the respondents retract from the stand taken in the submission made before this Court, the petitioner is granted at liberty to file a fresh writ petition challenging such an action, which may be adverse to the petitioner. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.The District Collector, O/o., The District Collector Office, Theni District.

2.The Commissioner, Uthamapalayam, Theni District.

2/3

3.The Block Development Officer (Block Panchayat), O/o., The Block Development Office, Uthamapalayam, Theni District.

+1 CC to M/s.AJMAL ASSOCIATES, ( SR-6842[F] dated 18/02/2020 ) 17.02.2020 JMN(02.03.2020) 3P : 5C 3/3