Madras High CourtWP(MD)/2625/2013withdrawn dismissed

N.Gurusamy, v. The State Of Tamil Nadu,

2019-01-24Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2019

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN WP(MD).NO.2625 and 4057 of 2013 in MP(MD).Nos.1 and 1 of 2013 WP.No.2625 of 2013 N.Gurusamy

...Petitioner

- Vs. -

1. The state of Tamilnadu represented by its secretary, Department of Higher Education, secretariat, Chennai -9.

2. The Principal Secretary cum Commissioner, Sardar Patel Road, Guindy, Chennai.

3. The Director, Directorate of Technical Education, Chennai-600 025.

4. The Chairman, Governing Council, P.A.C.Ramasamy Raja Polytechnic College, Kumarasamy Raja Nagar Post, Rajapalayam,Virudhunagar District.

5. The Principal, P.A.C.Ramasamy Raja Polytechnic College, Kumarasamy Raja Nagar Post, Rajapalayam,Virudhunagar District. : Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders dated 08.12.2009 and 09.11.2007 passed by the 3rd respondent by canceling the petitioner's upgradation as "Associate Lecturer" (Electrical) on 01.03.1998, consequent cancellation of upgradation as "Senior

Lecturer", recovery and quash the same and consequently direct the respondents to revise the petitioners upgradation , retirement and pension benefits with effect from appropriate prior date and refund the recovered amount.

For Petitioners : Mr.R.Narayanan For Respondents : Mr.A.Thiyagarajan,G.A For RR1 to 3 Mr.M.E.Ilango, for RR$ and 5 W.P.NO.4057 of 2013 N.Gurusamy : Petitioner Vs.

1.The Principal Secretary cum Commissioner, (Higher Education Department) Sardar Patel Road,Guindy, Chennai.

2. The Assistant Director, O/o.Assistant Director, Local Fund Audit Department, No.19, Nachi Nadar Street, Virudhunagar-626 001.

3. The Principal, P.A.C.Ramasamy Raja Polytechnic College, Kumarasamy Raja Nagar Post, Rajapalayam,Virudhunagar District.

: Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to cal for the records pertaining to the impugned report of the 2nd respondent and consequent recovery proceedings dated 27.02.2008 passed by the 3rd respondent and quash the same and consequently direct the Respondents to repay the recovered amount together with interest. For Petitioners : Mr.R.Narayanan For Respondents :

Mr.A.Thiyagarajan, G.A For RR1 &2 Mr.M.E.Ilango, For R3 COMMON ORDER The learned counsel appearing for the petitioner seeks permission of this Court to withdraw these writ petitions and he has also made an endorsement to that effect. In view of the endorsement

made by the learned counsel appearing for the petitioner, these writ petitions are dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are also dismissed. Sd/ Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Secretary, State of Tamilnadu, Department of Higher Education, Secretariat, Chennai -9.

2. The Principal Secretary cum Commissioner, Sardar Patel Road,Guindy, Chennai.

3. The Director, Directorate of Technical Education, Chennai-600 025.

4. The Assistant Director, O/o.Assistant Director, Local Fund Audit Department, No.19, Nachi Nadar Street, Virudhunagar-626 001.

+1 cc to M/s.M.E.Ilago,Advocate,SR.No.42770 +1 cc to M/s.R.Narayanan,Advocate,SR.No.42967 Arul SS/BK/SAR 3/25.01.2019/3P/7C Order made in WP(MD).NO.2625 and 4057 of 2013 in MP(MD).Nos.1 and 1 of 2013 24.01.2019