Dismissed

C.Elavarasan, v. The Director of Public Health

Madras HC22 Jan 2024WP/4131/2017

Case brief

AI extract

What is this about?

On being informed that the petitioners had already faced service termination via a separate order dated 16.08.2023, the Court held the writ petitions infructuous as the termination had already been decided, directing them to challenge such order in appropriate proceedings.

What did the court decide?

Writ petitions dismissed as infructuous; liberty to assail termination order in appropriate forum.

C.Elavarasan, Vs The Director of Public Health — Service and Employment | Madras HC (2024)

¶1

W.P.Nos. 4131 & 4132 of 2017

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 22.01.2024

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE BATTU DEVANAND

¶6

W.P.Nos. 4131 & 4132 of 2017 and W.M.P.Nos. 329, 331, 4281 to 4283 of 2017

¶7

C. Elavarasan ... Petitioner

¶8

in W.P.No.4131/2017

¶9

M. Sivaraj

¶10

... Petitioner in W.P.No.4132/2017

¶11

Vs.

¶12

1.The Director of Public Health and Preventive Medicine, DMS Campus, Teynampet, Chennai – 600 006.

¶13

2.The Missions Director, State Health Society, National Rural Health Mission, DMS Campus, Teynampet, Chennai – 600 006. ... Respondents in both the WPs

¶14

Writ petitions are filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to the impugned notice issued by the first respondent in R.No.100612/E2/S1/2016 dated 22.01.2017 and to quash the same.

¶15

For Petitioners : Ms. M. Kaviya, for Mr. S. Nedunchezhiyan For Respondents : Mr. E. Vijay Anand, Additional Government Pleader

¶16

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

¶17

1/4

¶18

W.P.Nos. 4131 & 4132 of 2017

¶19

C O M M O N O R D E R

¶20

During the course of hearing, the learned Additional Government Pleader on

¶21

instructions submits that in compliance of the interim order dated 20.02.2017, the petitioners have submitted their explanation to the show cause notice and thereafter, the first respondent considered the said explanation and passed order of termination of service of the petitioners dated 16.08.2023 after affording an opportunity of personal hearing to the petitioners.

¶22

2 . Learned Additional Government Pleader appearing for the respondents

¶23

submit that, as already termination order was passed on 16.08.2023, nothing survives in these writ petitions and the petitioners have to challenge their termination order in appropriate proceedings.

¶24

3 . Learned counsel for the petitioners also accepted that the first respondent has issued termination order on 16.08.2023.

¶25

4 . In view of the above submissions, in my considered opinion, nothing

¶26

survives in these writ petitions for adjudication and accordingly, it is liable to be dismissed as infructuous.

¶27

5 . Accordingly, these Writ Petitions are dismissed as infructuous. However,

¶28

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

¶29

2/4

¶30

W.P.Nos. 4131 & 4132 of 2017

¶31

it is open to the writ petitioners to assail the order of termination dated 16.08.2023, if

¶32

so adviced in the appropriate forum.

¶33

6 . Consequently, connected miscellaneous petitions are closed.

¶34

7 . There shall be no order as to costs.

¶35

22.01.2024

¶36

Index :Yes/No

¶37

Neutral Citation :Yes/No

¶38

¶39

¶40

1.The Director of Public Health and Preventive Medicine, DMS Campus, Teynampet, Chennai – 600 006.

¶41

2.The Missions Director, State Health Society, National Rural Health Mission, DMS Campus, Teynampet, Chennai – 600 006.

¶42

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

¶43

3/4

¶44

W.P.Nos. 4131 & 4132 of 2017

¶45

BATTU DEVANAND, J.

¶46

¶47

W.P.Nos. 4131 & 4132 of 2017 and W.M.P.Nos. 329, 331, 4281 to 4283 of 2017

¶48

22.01.2024

¶49

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

¶50

4/4

C.Elavarasan, v. The Director of Public Health

Case brief

What is this about?

What did the court decide?

C.Elavarasan, v. The Director of Public Health

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt.R.Amara Vs The Chief Secretary to

Ar.Kumaar, S/o.N.K.Ayyanar, Vs Union of India

G.Anitha Vs The State of Tamil Nadu

S.Vadivu, Vs The District Collector

R. Gurunarayanan Vs Government of Tamil Nadu

N.Bellu Vs State of Tamil Nadu