The Madurai Bench of the Madras High Court dismissed a writ appeal challenging an order of non-renewal of a Home Guard contract. The court upheld the lower court's view that a Home Guard appointment is not a post or service, making the refusal to renew unchallengeable.
Writ appeal dismissed; no renewal of Home Guard contract is challengeable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.01.2016
CORAM :
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
Writ Appeal(MD) No.1473 of 2015
1.S.Shiek Ismail
2.S.Balamurugan
... Appellants
Vs.
1.The Additional Director General of Police, Tamil Nadu Home Guards and Civil Defence Chennai.
2.The Superintendent of Police, Karur District, Karur.
3.D.Manivel
4.M.Panburajan ... Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 09.09.2014 made in W.P.(MD)No.10042 of 2012.
Prayer in WP(MD). 10042/ 2012 :
Which is a sought to be preferred under Article 226 of the constitution of India for the issuance of writ of Certiorari, to call for the records relating to the impugned order Na.Ka.No. E2/4185/2012 dated 27/03/2012 passed by the 2nd respondent and confirmed in proceedings in Na.Ka.NO. A1/1172/K.P and U.K/2012 dated 02/07/2012 passed by the 1st respondent and quash the same.
For Appellants :Mr.R.Murali for Mr.K.Govindarajan
For Respondents 1&2 : Mr.V.R.Shanmuganathan Special Government Pleader.
JUDGMENT
(Judgment of the Court was delivered by V.RAMASUBRAMANIAN,J )
This appeal arises out of an order of the learned Judge dismissing a writ petition filed by the appellants challenging an order of non renewal of contract as Home Guards.
2.Heard Mr.K.Govindarajan, learned counsel for the appellants.
3.The appellants were appointed as Home Guards in terms of the provisions of the Tamil Nadu Home Guards Act, 1963. The appointment was
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for a period of three years. After expiry, the contract was not renewed. When questioned, the respondents passed an order. Challenging the said order, the appellants filed writ petition but the same was dismissed forcing them to come up with the above appeal.
Sd/-
Assistant Registrar ((W)
/True Copy/
Sub Assistant Registrar
sms
To
2.The Superintendent of Police, Karur District, Karur.
+1CC to Spl.Government Pleader Sr.No.692
GJM/JGB/DP/19.1.16-2p-4c
Writ Appeal(MD) No.1473 of 2015 05.01.2016
1 issue framed by the court
Whether the refusal to renew the contract of a Home Guard constitutes a pensionable appointment or employment warranting a writ of Certiorari.
S. Shiek Ismail
S. Balamurugan
The Additional Director General of Police, Tamil Nadu Home Guards and Civil Defence Chennai
The Superintendent of Police, Karur District, Karur
D. Manivel
M. Panburajan
V. Ramasubramanian
N. Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court