Partly allowed

The State of Tamil Nadu, v. S. Sujatha

Madras HC25 Apr 2023CMP(MD)/4904/2023

Case brief

AI extract

What is this about?

This order consolidated five civil miscellaneous petitions (CMP.(MD) Nos. 4904, 4905, 4907, 4911, 4914) arising from five different writ appeals challenging termination orders of government employees. The court condoned significant delays in filing the appeals on the basis of affidavits filed in support.

What did the court decide?

Delay in filing the writ appeals was condoned, and the petitions were allowed; matters to be tagged with pending writ appeals.

The State of Tamil Nadu, Vs S. Sujatha — Service and Employment | Madras HC (2023)

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CMP.(MD) Nos.4904, 4905, 4907, 4911 and 4914 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Tuesday, the Twenty Fifth day of April Two Thousand and Twenty Three

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PRESENT

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The Honble The ACTING CHIEF JUSTICE and The Honble Mr.Justice R.SUBRAMANIAN

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CMP.(MD) Nos.4904, 4905, 4907, 4911 and 4914 of 2023 in WA(MD) SR Nos.24292 to 24296 of 2023

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The State of Tamil Nadu, Represented by its Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George,

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Chennai - 600 009.

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The Director of Rural Development and Panchyat Raj, Panagal Maligai, 4th and 5th Floor, Abdul Razzak Street, Saidapet, Chennai.

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The District Collector, Madurai District, Madurai. 4. The District Collector, Trichy District, Trichy. 5. The Block Development Officer(B.P), Panchayat Union, Usilampatti, Madurai.

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The Block Development Officer(B.P.), Thiruvembur Panchayat Union, Thiruvembur, Trichy District. ... Petitioners/Appellants/ Respondents in all petitions

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Vs. -

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S. Sujatha ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4904/2023 K. Anitha ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4905/2023

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https://www.mhc.tn.gov.in/judis

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1/5

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CMP.(MD) Nos.4904, 4905, 4907, 4911 and 4914 of 2023

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M. Mahendran ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4907/2023

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K. Avudaiappan ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4911/2023

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M. Sengapuli ... Respondent/Respondent/Writ Petitioner in CMP(MD)No.4914/2023

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Prayer in CMP(MD)No.4904/2023 :

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To condone the delay of 83 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No. 12768 of 2022, dated 09.11.2022 and thus render justice. Prayer in CMP(MD)No.4905/2023 :

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To condone the delay of 110 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No. 12771 of 2022, dated 09.11.2022 and thus render justice.

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Prayer in CMP(MD)No.4907/2023 :

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To condone the delay of 110 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No. 13008 of 2022, dated 09.11.2022 and thus render justice.

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Prayer in CMP(MD)No.4911/2023 :

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To condone the delay of 110 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No.13009 of 2022, dated 09.11.2022 and thus render justice.

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Prayer in CMP(MD)No.4914/2023 :

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To condone the delay of 110 days in filing the above Writ Appeal as against the order passed by the Honourable Court in W.P.(MD)No. 13010 of 2022, dated 09.11.2022 and thus render justice. Prayer in WA(MD)SR.No.24292/2023 :

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To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.12768 of 2022, dated 09.11.2022.

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Prayer in WA(MD)SR.No.24293/2023 :

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To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.12771 of 2022, dated 09.11.2022.

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https://www.mhc.tn.gov.in/judis

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CMP.(MD) Nos.4904, 4905, 4907, 4911 and 4914 of 2023

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Prayer in WA(MD)SR.No.24294/2023 :

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To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.13008 of 2022, dated 09.11.2022.

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Prayer in WA(MD)SR.No.24295/2023 :

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To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.13009 of 2022, dated 09.11.2022.

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Prayer in WA(MD)SR.No.24296/2023 :

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To allow the Writ Appeal by setting aside the Order passed in W.P.(MD)No.13010 of 2022, dated 09.11.2022.

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Prayer in WP(MD). 12768/ 2022 :

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Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha4/2374/2021-5, dated 14.06.2022 and quash the same as illegal and consequently direct the 4th respondent to reinstate the petitioner in service as Record Clerk with continuity of service along with back wages forthwith and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

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Prayer in WP(MD). 12771/ 2022 :

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Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Certiorarified Mandamus calling for entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha4/2374/2021-1 dated 14.06.2022 and quash the same as illegal and consequently direct the 4th respondent to reinstate the petitioner in service as Record Clerk with continuity of service along with back wages forthwith and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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Prayer in WP(MD). 13008/ 2022 :

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Writ Petition filed under Article 226 of Constitution of India , praying this Court to issue of Writ of Certiorarified Mandamus Calling for the entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha4/2374/2021-4, dated 14.06.2022 and quash the same as illegal and consequently direct the direct the 4th respondent to reinstate the petitioner in service as Record clerk with continuity https://www.mhc.tn.gov.in/judis of service along with back wages forthwith and pass such further or

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CMP.(MD) Nos.4904, 4905, 4907, 4911 and 4914 of 2023

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other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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Prayer in WP(MD). 13009/ 2022 :

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Writ Petition filed under Article 226 of Constitution of India , praying this Court to issue of Writ of Certiorarified Mandamus Calling for the entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha4/2374/2021-2, dated 14.06.2022 and quash the same as illegal and consequently direct the direct the 4th respondent to reinstate the petitioner in service as Record clerk with continuity of service along with back wages forthwith and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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Prayer in WP(MD). 13010/ 2022 :

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Writ Petition filed under Article 226 of Constitution of India , praying this Court to issue of Writ of Certiorarified Mandamus Calling for the entire records relating to the impugned order of termination issued by the 4th respondent herein in Se.Mu.Tha7/2374/2021-3, dated 14.06.2022 and quash the same as illegal and consequently direct the direct the 4th respondent to reinstate the petitioner in service as Driver with continuity of service along with back wages forthwith and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.BASKARAN, Additional Government Pleader assisted by MR.S.P.MAHARAJA, Special Government Pleader for the petitioners in all petitions and of M/S.AL.KANNAN, Advocate on behalf of the Respondents in CMP(MD) Nos.4904, 4905 of 2023, M/S.T.ANTONY ARULRAJ, Advocate for Respondents in CMP(MD) Nos.4907, 4911, 4914 of 2023, the court made the following order:-

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[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE]

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Mr.AL.Kannan, learned counsel, takes notice for the sole respondent in all the petitions.

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Having satisfied with the reasons stated in the accompanying affidavit filed in support of these petitions, these petitions are allowed and the delay is condoned.

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Accepting the submissions made by the learned Additional https://www.mhc.tn.gov.in/judis Advocate General that similar matters are also pending, these

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CMP.(MD) Nos.4904, 4905, 4907, 4911 and 4914 of 2023

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matters can be tagged with the pending writ appeals. However, the learned counsel for the respondents has made objections for grant of any interim relief on the ground that in the pending matters, the respondents have not joined, whereas, in the present appeals, the respondents have already joined and they have been allowed to work for more than two months, for which, they have also been paid salary.

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sd/25/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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RR TO

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The Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St. George,

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Chennai - 600 009.

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The Director of Rural Development and Panchyat Raj, Panagal Maligai, 4th and 5th Floor, Abdul Razzak Street, Saidapet, Chennai.

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The District Collector, Madurai District, Madurai.

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The District Collector, Trichy District, Trichy.

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The Block Development Officer(B.P), Panchayat Union, Usilampatti, Madurai.

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The Block Development Officer(B.P.), Thiruvembur Panchayat Union, Thiruvembur, Trichy District.

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ORDER

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IN CMP.(MD) Nos.4904, 4905, 4907, 4911 and 4914 of 2023 in WA(MD) SR Nos.24292 to 24296 of 2023 Date :25/04/2023

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https://www.mhc.tn.gov.in/judis NA/BUC/SAR-3/03.05.2023/5P/7C

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The State of Tamil Nadu, v. S. Sujatha

Case brief

What is this about?

What did the court decide?

The State of Tamil Nadu, v. S. Sujatha

Case brief

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What did the court decide?

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