Dismissed¶32

Durga v. The Secretary

Madras HC1 Jul 2026WA/1686/2026

Case brief

AI extract

What is this about?

Madras High Court, WA No. 1686 of 2026 (Durga v. Secretary, Social Welfare and Nutritious Meal Programme Department and others, Vellore District ICDS officials), decided 01-07-2026 by Chief Justice Sushrut Arvind Dharmadhikari and G. Arul Murugan J. Writ appeal against vacation of interim order protecting appellant from removal dismissed; grounds: counsel's repeated non-appearance, and absence of any appeal against the 22.09.2022 order in W.P.No.26893 of 2017 setting aside the appointment; related proceedings W.P.No.37864 of 2025, WMP Nos. 372/2026 and 15458/2026; relief order by District Collector, Vellore dated 15.09.2025.

What did the court decide?

Since no appeal was filed against the order dated 22.09.2022 in W.P.No.26893 of 2017, which alone gave rise to the present cause of action, the appellant is out of service. ¶28

Durga Vs The Secretary — Madras HC (2026) — LawSathi Research

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WA No. 1686 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-07-2026

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CORAM

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THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE G.ARUL MURUGAN

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WA No. 1686 of 2026 and WMP No.15458 of 2026

Durga

..Appellant(s)

The Secretary Social Welfare and Nutritious Meal Programme Department Fort St.George, Chennai 9

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The District Collector Vellore District.

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The District Programme Officer Integrated Child Development Services (ICDS) Vellore District.

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The Child Development Program Officer Madhanor, Vellore District.

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..Respondent(s)

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Writ Appeal filed under Clause 15 of Letters Patent seeking to set aside the order dated 20/02/2026 made in WMP No.372/2026 in W.P.No.37864/2025.

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For Appellant(s): Mrs.R.T.Sundari For Respondent(s): Mr.R.Veeramani Government Pleader

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Page1 of 4

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

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WA No. 1686 of 2026

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JUDGMENT

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(Judgment of the Court was delivered by The Chief Justice)

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The writ appeal challenges the order dated 20.2.2026 passed in WMP

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No.372 of 2026 in W.PNo.37864 of 2025 whereby the learned Single Judge has vacated the interim order granted on 3.10.2025, which gave the appellant a temporary protection against removal from service.

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The interim order was vacated on the ground that learned counsel for the appellant did not appear in the case on two occasions, in spite of the fact that the matter was adjourned at the instance of learned counsel for the appellant.

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The appointment order of the appellant was challenged by one T.Susithra in W.P.No.26893 of 2017 and vide order dated 22.09.2022, the appointment order of the appellant was set aside with a direction to conduct fresh selection by following the procedure as contemplated. Subsequently, the appellant was relieved from service by the order of the District Collector, Vellore dated 15.09.2025. The said order is under challenge in the main writ petition in W.P.No.37864 of 2025. While so, vide order dated 3.10.2025, an interim order was granted directing not to disturb the services of the appellant and now, it stands vacated.

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Admittedly, no appeal has been filed challenging the order dated 22.09.2022 passed in W.P.No.26893 of 2017, which alone gave rise to the present cause of action, meaning thereby the appellant is out of service. Even if stay is vacated, no prejudice would be caused to the appellant. The learned

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Page2 of 4

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

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WA No. 1686 of 2026

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Single Judge has not committed any error in vacating the interim order. The writ appeal has no merit or substance. Accordingly, the same is dismissed.

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No costs. The connected miscellaneous petition is closed.

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(SUSHRUT ARVIND DHARMADHIKARI, C.J.) (G.ARUL MURUGAN J.)

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01-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssk

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