Petitioner challenged an order imposing compulsory retirement as Junior Assistant in a Town Panchayat, alleging violation of natural justice. Since he had already filed a departmental appeal, the court disposed of the writ petition by directing that the appeal be treated as within time and decided on merits within two months.
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W.P.No.2859 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.2859 of 2023 and W.M.P.Nos.2976 & 2977 of 2023
M.Chinnaiyan
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the 2nd respondent in Na.Ka.No.2777/2004/Peru.2 dated 28.03.2022 and to quash the same and consequently to direct the respondents to reinstate the petitioner into service in the post of Junior Assistant in Manalurpettai Town Panchayat, Kallakurichi District with all consequential and other attendant benefits, including payment of salary.
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For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.P.Kumaresan Addl. Advocate General – VII assisted by Ms.R.L.Karthika Government Advocate
ORDER
This writ petition is filed challenging the impugned order dated 28.03.2022, whereby the punishment of compulsory retirement was imposed against the petitioner.
appearing for the petitioner would submit that in this case, the order of punishment is challenged on the ground of violation of principles of natural justice.
availing the efficacious remedy in the event of violation of principles of natural justice, however, once the petitioner has approached the
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Department by filing an appeal, then the petitioner simultaneously could not file a writ petition.
5 In view thereof, this writ petition is disposed of on the following
terms:
05.06.2024
Neutral Citation: No mp
To
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W.P.No.2859 of 2023
D.BHARATHA CHAKRAVARTHY, J.
mp
W.P.No.2859 of 2023
05.06.2024
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1 issue framed by the court
Whether the writ petition challenging compulsory retirement could be maintained while a departmental appeal was pending.
1 provisions across 1 enactments
M.Chinnaiyan
The Commissioner, Directorate of Town Panchayats
The District Collector, Villupuram District
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
