Madras High Court
C.Thilagarrajan vs The District Collector on 21 September, 2022
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P.(MD)No.12568 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.12568 of 2022
and
W.M.P(MD)Nos.8908, 8910 & 8911 of 2022
C.Thilagarrajan ... Petitioner
Vs
1.The District Collector,
Office of the District Collector,
Virudhunagar District,
Virudhunagar.
2.The Personal Assistant to the
District Collector,
Office of the District Collectorate,
Virudhunagar District,
Virudhunagar.
3.The President,
Sangaranatham Panchayat,
Sattur Panchayat Union,
Virudhunagar District,
Virudhunagar. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
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W.P.(MD)No.12568 of 2022
relating to the impugned order passed by the third respondent vide his
proceedings NIL dated 25.08.2021 and the consequential impugned order
passed by the third respondent vide his proceedings NIL dated 27.08.2021 and
quash the same as illegal and consequentially to direct the respondents to
disburse the salary to the petitioner from February 2020 within the period that
may be stipulted by this Court.
For Petitioner : Mr.S.Mohamed Suhail
for M/s.Ajmal Associates
For Respondents : Mr.A.K.Manikkam
Special Government Pleader for R.1 & R.2
Mr.S.Jeyapriya
Government Advocate for R.3
ORDER
Heard the learned counsel on either side.
2. The petitioner is employed as Over Head Tank (OHT) Operator in Ramachandrapuram Village. He was transferred to Sangaranatham Village on 25.08.2021. It appears that one Thiru.M.Baskaran who is working as OHT Operator in Sangaranatham Village is unwilling to move out of the same. Therefore, a fresh order dated 27.08.2021 was passed posting the petitioner at Gopalapuram Village.
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3. The learned counsel appearing for the petitioner would allege that one Mr.Subbaiah who is the incumbant OHT Operator at Gopalapuram Village is also unwilling to move out of the village. That led to filing of this writ petition.
4. When the matter was taken up for hearing, the learned Special Government Pleader on instruction from the respondents categorically asserted that the petitioner can very well report for duty as OHT Operator in Gopalapuram Village. It is for the respondents to relieve Subbaiah, the incumbent as OHT Operator so as to facilitate the writ petitioner to join in the transferred place. Before asking the petitioner to join in the transferred village, the petitioner must be served with copy of the order whereby Thiru.Subbaiah has been relieved as OHT Operator from Gopalapuram Village. Only thereafter, the writ petitioner will report for duty. Till then the petitioner can continue to be OHT Operator in Ramachandrapuram Village.
5. The third respondent is directed to pay salary to the writ petitioner from the month of February 2022 till he is relieved from Ramachandrapuram village Panchayat. The learned Special Government Pleader would submit that the petitioner was utterly negligent in the performance of his duties and that the Panchayat had also passed a resolution for suspending the writ petitioner. He would remark that the petitioner's conduct triggered his transfer also. https://www.mhc.tn.gov.in/judis 3/5 W.P.(MD)No.12568 of 2022
6. Be that as it may, when the resolution passed by the local body has not culminated into a formal suspension order, the petitioner is definitely entitled to his monthly remuneration. For this reason, I direct the third respondent to pay salary arrears to the writ petitioner.
7. This writ petition is disposed of on these terms. Consequently, connected miscellaneous petitions are closed. No costs.
21.09.2022
Index : Yes / No
Internet : Yes/ No
mga
To
1.The District Collector,
Office of the District Collector,
Virudhunagar District,
Virudhunagar.
2.The Personal Assistant to the
District Collector,
Office of the District Collectorate,
Virudhunagar District,
Virudhunagar.
3.The President,
Sangaranatham Panchayat,
Sattur Panchayat Union,
Virudhunagar District,
Virudhunagar.
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W.P.(MD)No.12568 of 2022
G.R.SWAMINATHAN, J.
mga
W.P.(MD)No.12568 of 2022
21.09.2022
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