Madras High Court
The Commissioner vs B.Deepak Jothi on 4 June, 2021
W.A.(MD) No.1095 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD) No.1095 of 2021
and
C.M.P.(MD) No.4856 of 2021
The Commissioner
Tenkasi Municipality
Tenkasi, Tirunelveli District ... Appellant
-vs-
1.B.Deepak Jothi
2.The Commissioner of
Municipal Administration
Ezhilagam Annex
6th Floor, Chepauk
Chennai-600 005
3.The Selection Committee
Rep.by its Chairman
Tenkasi Municipality
Tenkasi, Tirunelveli District ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order, dated 19.01.2017, passed in W.P.(MD) No.18036 of 2013, on the file of
this Court.
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W.A.(MD) No.1095 of 2021
For Appellant : Mr.P.Athimoolapandian
For Respondents : Mr.R.Baskaran
Government Counsel for R2
No appearance for R1 & R3
JUDGMENT
[Judgment of the Court was made by T.S.SIVAGNANAM, J.]
We have heard Mr.P.Athimoolapandian, learned counsel appearing
for the appellant and Mr.R.Baskaran, learned Government Counsel appearing
for the second respondent.
2. This Writ Appeal filed by the Commissioner of Tenkasi
Municipality is directed against the order, dated 19.01.2017 in W.P.(MD)No.
18036 of 2013.
3. The said Writ Petition was filed by the first respondent herein
challenging the order passed by the appellant, dated 04.10.2013 and to issue
a direction to consider the first respondent for appointment to the post of
driver in the appellant/Municipality.
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W.A.(MD) No.1095 of 2021
4. By the impugned order, the learned Single Bench quashed the
order passed by the appellant/Municipality, dated 04.10.2013 and directed
the appellant to give appointment to the first respondent as driver, after
getting necessary undertaking from him for driving the garbage lorry, which
belongs to the appellant/Municipality.
5. The Writ Appeal was filed before this Court on 19.07.2017 and
the petition for condonation was filed in the year 2018 and thereafter, on
01.07.2019, the appellant/Municipality decided to implement the direction
and issued a letter of appointment to the first respondent to join duty as driver
of the garbage lorry. The first respondent appears to have sought for 90 days
time to join, by letter, dated 15.07.2019. This request for joining time was
rejected by the appellant/Municipality, by an order, dated 23.07.2019. Till
date, the first respondent has not challenged the said order. Therefore, it is
clear that the appellant/Municipality has complied with the direction issued
by the learned Writ Court, but the first respondent did not avail the
opportunity and even in the condone delay petition, he did not accept notice
and tapal was returned. Therefore, the first respondent is not entitled for the
employment because the appellant/Municipality has already complied with
the direction and offered employment, but the first respondent did not avail
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W.A.(MD) No.1095 of 2021
the offer. Therefore, the Writ Appeal is allowed on the above terms. No costs.
Consequently, connected miscellaneous petition is closed.
[T.S.S., J.] [S.A.I., J.]
04.06.2021
Index : Yes / No
Internet : Yes / No
Note :
In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the Judgment may
be utilized for official purposes,
but, ensuring that the copy of the
Judgment that is presented is the
correct copy, shall be the
responsibility of the advocate /
litigant concerned.
krk / ps
To:
The Commissioner of
Municipal Administration,
Ezhilagam Annex,
6th Floor, Chepauk,
Chennai-600 005.
____________
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.1095 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
krk / ps
W.A.(MD) No.1095 of 2021
and
C.M.P.(MD) No.4856 of 2021
04.06.2021
____________
https://www.mhc.tn.gov.in/judis/
