Madras High Court
V.Murugaperumal vs The Chief Secretary / Managing Director on 27 January, 2021
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.(MD).No.11868 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Writ Petition (MD)No.11868 of 2017
and
W.M.P.(MD).No.9134 of 2017
V.Murugaperumal
... Petitioner
Vs.
1.The Chief Secretary / Managing Director,
Tamil Nadu Civil Supplies Corporation,
Head Office,
Kilpauk,
Chennai 600 010.
2.The Zonal Manager,
Tamil Nadu Civil Supplies Corporation,
Zonal Office, Tirunelveli,
Tirunelveli District.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus to call for the records pertaining
to the impugned order in Na.Ka.No.AE9/34620/2012, dated 25.04.2017 on the
file of the first respondent and quash the same as illegal and consequently direct
the respondents to provide compassionate ground appointment to the petitioner
within the time stipulated by this Court.
http://www.judis.nic.in
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W.P.(MD).No.11868 of 2017
For Petitioner : No appearance
For R1 & R2 : Mr.R.Vijayakumar
ORDER
When the matter was taken up for hearing on 22.01.2021, there was no representation on behalf of the petitioner. Hence, the matter was adjourned to 27.01.2021 for dismissal. Even today, when the matter is taken up for hearing under the caption for dismissal, there is no representation on behalf of the petitioner. Therefore, this Writ Petition is dismissed for non-prosecution. No costs. Consequently, the connected Miscellaneous Petition is closed.
27.01.2021 Index : Yes/No Internet : Yes/No akv Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
http://www.judis.nic.in 2/6 W.P.(MD).No.11868 of 2017 To
1.The Chief Secretary / Managing Director, Tamil Nadu Civil Supplies Corporation, Head Office, Kilpauk, Chennai 600 010.
2.The Zonal Manager, Tamil Nadu Civil Supplies Corporation, Zonal Office, Tirunelveli, Tirunelveli District.
http://www.judis.nic.in 3/6 W.P.(MD).No.11868 of 2017 M.DHANDAPANI,J.
akv Writ Petition (MD)No.11868 of 2017 27.01.2021 http://www.judis.nic.in 4/6 W.P.(MD).No.11868 of 2017 The case of the petitioner is that he entered into the service while he was working Municipality from the year 2005 the next promotion is sanitary officer feeder category post for promotion is post inspectors. Every year, provision seniority list by the Director of expert admin the grievance of the petitioner is that the name of the petitioner was not included in the panel for the year 2010-2011 for the post of Sanitary Officer. Hence, the petitioner has filed the present writ petitions /.
2. The learned counsel appearing for the petitioner would submit that the charge memo was issued against the petitioner in the year 2005 and the same was after conducting enquiry, the same was entered into the punishment on 19.02.2009 and the disciplinary authority imposed the punishment of stoppage of increment 3 years without cumulative effect. Aggrieved the said order of the disciplinary authority, the petitioner has preferred an appeal before the appellate authority and the appellate authority has confirmed the order of punishment on 15.07.2019 Though the petitioner concluded the currency of punishment. However, his name was not included for the panel 2010-2011 is contrary to law. Hence, this Court quash the panel. http://www.judis.nic.in 5/6 W.P.(MD).No.11868 of 2017 Include the petitioner name Sanitary officer 2009- 2011.
.............................
The learned counsel for the respondent relied upon paragraph Nos.7,9, 11 and 12.
The grievance of the petitioner is that his name was not included in the panel for the years 2019-2020 as Sanitary Officer and the same was though the petitioner was claimed that the punishment is over as early as 2009, however, on perusal of the counter affidavit reveals that further his name was not included in the panen during the panel period 01.04.2009 to 30.03.2010. Therefore, the name of the petit was not considered for the panel 2009-10 and 2010-2011 on simple reason that the appointment awarded was effect from 2010 and the same was completed 31.03.20 and the crucial date for preparation of the petitioner for the year 2010-2011 is on 05.03.2010. However, the petitioner suffered the punishment till 05.02. hence, his name was not included I as per G.O.Ms.No.368 dated 18.10.1993. Hence, I do not find any error in the impugned orders. Accordingly, this writ petition is dismissed. No costs. http://www.judis.nic.in 6/6