Madras High Court
R.Karthikeyan vs The State Government Of Tamil Nadu on 26 July, 2021
Author: M. Govindaraj
Bench: M.Govindaraj
W.P.No.30576 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.GOVINDARAJ
W.P.No.30576 of 2008
&
M.P.Nos.2 & 3 of 2008
1.R.Karthikeyan
2.G.Chellapandian
3.M.Anbalagan
4.P.Sanavai
5.K.Mohan
6.R.Manoharan
7.R.Daniel Kalimuthu
8.P.Ramakrishnan ... Petitioner
Vs.
1.The State Government of Tamil Nadu
rep by its Secretary
Municipal Administration and Water
Supply Department
Chennai-600 009
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W.P.No.30576 of 2008
2.The Commissioner
Municipal Administration
Chepauk, Chennai-5
3.The Secretary
Health and Family Welfare Department
St.George Fort,
Chennai-600 009
4.The Director of Handlooms and Textiles
Kuralagam, II floor
Chennai-600 108
5.The Managing Director
Tamilnadu Textiles Corporation Limited
Coimbatore-18
6.The Commissioner
Coimbatore Corporation
Coimbatore ... Respondents
PRAYER: The Writ Petition has been filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus, to
call for the entire records pursuant to the G.O.(3D) No.845 dated
03.12.2008 on the file of the first respondent and quash the same and
consequently direct the 1st respondent to pass appropriate orders for
absorbing the petitioners herein by redeploying them under the 6th
respondent in pursuant to the recommendations of the 2nd respondent passed
in NA.Ka.No.7760/2000 MCA-3 dated 10.07.2002.
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W.P.No.30576 of 2008
For Petitioner : Mr.S.Saravanan
For Respondents : Mr.C.Selvaraj, Govt.Advocate
for R1 to 4
Mr.P.Saravana Kumar for R5
Mr.J.Sathya Narayana Prasad for R6
-----
ORDER
The writ petitioners sought for absorption by redeploying them in the 6th respondent pursuant to the recommendation of the 2nd respondent.
2. During the pendency of the matter, the request of the petitioners were considered and Government issued G.O.Ms.No.472 dated 22.11.2011 permitting the 6th respondent to appoint the petitioners as Computer-cum-
Clerk granting exception to the other Government orders.
3. The counter affidavit filed by the 6th respondent reads as under:
“....
3. I submit that the above writ petition was filed to quash the G.O (3D) No.845 dated 03.12.2008 and to direct 3 of 7 https://www.mhc.tn.gov.in/judis/ W.P.No.30576 of 2008 the first respondent to pass appropriate order for absorbing the petitioner herein by redeploying them under the 6th respondent (Coimbatore Corporation) in pursuant to the recommendation of the 2nd respondent passed in Na.Ka.No.77760/2000 MCA-3 dated 10.07.2002
4. I submit that subsequently the Government has issued the Government Order G.O.Ms.No.472 dated 22.11.2011 granting permission to this respondent to appoint the petitioners as Computer-cum-Clerk in the pay scale of Rs.5200-20200+2800 by granting exception to the following
1. G.O.Ms.No. 932 Health and Family Welfare Department dated 03.04.1971 (Adhoc rules)
2. 1996 Tamilnadu Corporation services rules G.O.Ms.No.790 Labour and Employment Department dated 05.07.1971.
5. I submit that this respondent based on the above G.O.Ms.No.472 dated 22.11.2011 and the Coimbatore City Municipal Corporation appointments Committee resolution dated 28.12.2011 issued orders dated 29.12.2011 appointing the petitioners in the pay scale PB-1-Rs.5200-
20200+2800.” From the statement made by the 6th respondent, it is clear that the prayer sought for the petitioners have been satisfied and nothing survives 4 of 7 https://www.mhc.tn.gov.in/judis/ W.P.No.30576 of 2008 for adjudication any further. Taking the counter affidavit filed by the 6 th respondent on file and recording the submission of the learned counsel for the 6th respondent, Mr.J. Sathyanarayan Prasad, the writ petition is closed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
26.07.2021 Internet:Yes To
1.The Secretary State Government of Tamil Nadu Municipal Administration and Water Supply Department Chennai-600 009
2.The Commissioner Municipal Administration Chepauk, Chennai-5
3.The Secretary Health and Family Welfare Department St.George Fort, Chennai-600 009
4.The Director of Handlooms and Textiles Kuralagam, II floor Chennai-600 108 5 of 7 https://www.mhc.tn.gov.in/judis/ W.P.No.30576 of 2008
5.The Managing Director Tamilnadu Textiles Corporation Limited Coimbatore-18
6.The Commissioner Coimbatore Corporation Coimbatore 6 of 7 https://www.mhc.tn.gov.in/judis/ W.P.No.30576 of 2008 M. GOVINDARAJ, J.
kpr W.P.No.30576 of 2008 & M.P.Nos.2 & 3 of 2008 26.07.2021 7 of 7 https://www.mhc.tn.gov.in/judis/