The Division Bench dismissed the intra-court appeal against the single Judge's order rejecting the writ petition. The court found no reason to interfere as the appellant failed to seek reinstatement immediately after termination and the challenge to the termination order lacked merit.
The intra-court appeal (Writ Appeals) was dismissed. No costs awarded.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2019
CORUM
THE HONOURNABLE MR.JUSTICE K.K.SASIDHARAN and
THE HONOURABLE MS.JUSTICE P.T.ASHA
W.A.No.1873 of 2019
D.Velmurugan ...Appellant
Vs.
1. The District Collector,
Cuddalore District,
Cuddalore.
2. The Block Development Officer,
Village Panchayats,
Annagrammam Union,
Panruti Taluk,
Cuddalore District.
3. The President,
Agaram Panchayat,
Panruti Taluk,
Cuddalore District.
4. Krishnan ...Respondents
Writ Appeals filed under Clause 15 of the Letters Patent against the orders passed by the learned single Judge of this Court in W.P.No.30051 of 2011 dated 10.12.2018.
Prayer in W.P.No.30051 of 2011: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of declaration declaring that the oral order of the 3rd respondent refusing the petitioner to work as Panchayat Assistant at Agaram Panchayat, Annagrammam Panchayat Union, Panruti Taluk, Cuddalore District, is illegal and nonest in the eye of law and thereby direct the 3rd respondent to permit the petitioner to work as full time Panchayat Assistant at Agaram Panchayat, Annagramm Panchayat Union, Panruti Taulk, Cuddalore District and also direct the respondents 1 to 3 to provide the petitioner all monitory and other benefits from 01.12.2006.
For Appellant : Mr.N.Suresh For Respondents : Mrs.A.Srijayanthi Special Government Pleader.
U D G M E N T
(Judgment of the Court was made by K.K.SASIDHARAN, J.,)
The Writ Petition filed by the appellant for declaration with regard to the nullity of the order of termination was dismissed by the learned single Judge. The said order is under challenge at the instance of the unsuccessful writ petitioner.
2 issues framed by the court
Whether the High Court should interfere with the single Judge's dismissal of the writ petition challenging the termination of the Panchayat Assistant.
Whether the appellant failed to exhaust alternative remedies by not approaching the respondent for reinstatement.
D. Velmurugan
Director of Panchayats
Block Development Officer
President, Agaram Panchayat
K.K. SASIDHARAN
P.T. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
