A contract employee engaged to distribute tickets in a temple parking lot was arrested in a criminal case involving Ganja and terminated while in judicial custody. The High Court dismissed the writ petition seeking reinstatement, holding that the six-month contract period had expired during his jail term, making any remedy futile.
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W.P(MD)No.3778 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.12.2025
CORAM :
THE HON'BLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.3778 of 2024 and W.M.P.(MD)Nos.3676 and 3677 of 2024
M.Dhanasekaran ... Petitioner
Vs
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 10.5.2023 made in Se.Mu.Na.Ka.No.276/2023/A2 passed by the 2nd respondent and quash the same and consequently directing the respondents to reinstate the petitioner in his original post of Ticket Seller at Arulmighu
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Ramanathaswamy Thirukovil, Rameswaram.
For Petitioner : Mr.T. Veerakumar, For Respondents : Mr.J.K.Jeyaseelan (R1) Government Advocate : Mr.S.Ramesh (R2)
O R D E R
This writ petition has been filed seeking to quash the impugned order, dated 10.5.2023 made in Se.Mu.Na.Ka.No.276/2023/A2, passed by the second respondent and to direct the respondents to reinstate the petitioner in his original post of Ticket Seller at Arulmighu Ramanathaswamy Thirukovil, Rameswaram.
2.The petitioner was engaged on contract basis for a period of six months for distributing tickets in the car parking at Arulmigu Ramanatha Swamy Thirukovil, Rameshwaram by the proceedings of the Joint Commissioner, dated 13.01.2023. The petitioner is entitled to work as a contract employee up to 13.06.2023. However, he was terminated by the Executive Officer by the proceedings dated 10.05.2023 pursuant to a
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criminal case registered as against the petitioner on 08.05.2023 in Crime No.100 of 2023. The petitioner while issuing tickets at the vehicle parking has also indulged in selling of Ganja, for which he has been arrested and remanded to judicial custody in Crime NO.100 of 2023 on 08.05.2023. Subsequently, the petitioner's contract has also been terminated on 10.05.2023.
3.The learned Counsel for the petitioner submits that the petitioner has not committed any offence. Ganja was found in a vehicle which has been parked in the parking lot of the Temple. However, he has also been impleaded as an accused in Crime NO.100 of 2023. Therefore, the termination of his services based on this criminal case is not proper and he was also terminated without any enquiry and without any jurisdiction. According to him, he was appointed by the fit person of the Temple. But, he was terminated by the Executive Officer/Deputy Commissioner of the Temple. The order of termination was passed without any jurisdiction. Hence, it is liable to be set aside.
4.Though the petitioner has made out a prima facie case that the petitioner who was inducted into service on a contract basis by the fit
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person, he was terminated by the Deputy Commissioner/ Executive Officer of the Temple, remanding the matter to the respondents would be an empty formality since the period of contract is only for six months and he was in jail for the remaining period i.e. from 08.05.2023 till 13.06.2023. It is also not in dispute that this petitioner was arrested on 08.05.2023 pursuant to a criminal case registered against him in Crime NO.100 of 2023 and he was in jail for a period of six months. He was not available during the contract tenure from 08.05.2023 till 13.06.2023. Since the contract period itself is over on 13.06.2023, this Court is not inclined to grant any relief in this writ petition.
5.Thus, the writ petition stands closed. No costs. Consequently, the connected miscellaneous petitions are also closed.
02.12.2025 Internet :Yes Index :Yes/No NCC :Yes/No
LR
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To
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W.P(MD)No.3778 of 2024
B.PUGALENDHI, J.
LR
W.P(MD)No.3778 of 2024
02.12.2025
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2 issues framed by the court
Whether the petitioner is entitled to reinstatement in his original post after the expiry of the contract period during which he was in judicial custody?
Whether the termination of a short-term contract employee without enquiry is proper when the contract period has expired?
1 provisions across 1 enactments
M.Dhanasekaran
The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Arulmighu Ramanathaswamy Thirukovil, Rameswaram, Ramanathapuram District
The Deputy Commissioner / Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmighu Ramanathaswamy Thirukovil, Rameswaram, Ramanathapur
B.PugaleNDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
