Citation : 2021 Latest Caselaw 1253 Mad
Judgement Date : 20 January, 2021
W.P.No.855 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P.No.855 of 2014
S.Anbumani ... Petitioner
Vs.
1.Tamil Nadu Public Service Commission
rep. by its Secretary,
Chennai – 600 002.
2.The Inspector of General of Registration
Santhome Road,
Santhome,
Chennai – 600 028. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to reinstate the
petitioner in service as Junior Assistant in the light of the
representation submitted by the petitioner on 10.12.2013 with all
consequential service and monetary benefits within a time limit that
may be fixed by this Honourable Court.
For Petitioner : No Appearance
For Respondents : Mr.Bala Murali Krishnan for R1
Mr.T.M.Pappiah for R2
Special Government Pleader
1/4
https://www.mhc.tn.gov.in/judis/
W.P.No.855 of 2014
ORDER
This writ petition has been filed seeking direction to the
respondents to reinstate the petitioner in service as Junior Assistant
with all consequential service and monetary benefits within a time
limit.
2.The case of the petitioner is that he was appointed as Junior
Assistant in the second respondent. Subsequently, his appointment
was canceled on 04.07.1994 and he was removed from service on
12.07.1994. Challenging the same, the petitioner filed O.A.Nos.4841
and 4835 of 1994 before the Tamil Nadu Administrative Tribunal which
on abolition of the Tribunal were transferred to the file of this Court
and renumbered as W.P.Nos.25978 and 25979 of 2006 and the same
came to be dismissed.
3.It is the further case of the petitioner that the criminal
prosecution lodged in C.C.No.2950 of 2001 ended in conviction by
judgment dated 20.06.2003 against which Criminal Appeal No.187 of
2003 was filed and the same was allowed by setting aside the
conviction and sentence passed by the Trial Court by judgment dated
07.09.2004. Thereafter the petitioner approached the respondents
https://www.mhc.tn.gov.in/judis/ W.P.No.855 of 2014
with various representations for reinstatement and the same have not
been considered so far. Hence, this writ petition.
4.There is no representation for the petitioner either in person or
through the learned counsel.
5.However, the learned counsel appearing for the first
respondent submitted that though the petitioner was granted
opportunities to produce the original certificates, till date, he did not
produce the same and hence, the Department cannot be found fault
with.
6.In view of the above submission made by the learned counsel
appearing for the first respondent, this Court finds no other alternative
except to direct the petitioner to approach the respondents and
produce the original certificates for considering his claim in the manner
known to law.
7.Accordingly, this writ petition stands disposed of directing the
petitioner to produce the original certificates to the respondents within
a period of two weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis/ W.P.No.855 of 2014
R.MAHADEVAN,J.
pri On such production, the respondents shall consider the same and pass
appropriate orders, on merits and in accordance with law, within a
period of four weeks thereafter. No costs.
20.01.2021 pri
Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No
To
1.The Secretary, Tamil Nadu Public Service Commission, Chennai – 600 002.
2.The Inspector of General of Registration, Santhome Road, Santhome, Chennai – 600 028.
W.P.No.855 of 2014
20.01.2021
https://www.mhc.tn.gov.in/judis/
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