Madras High Court
The Secretary To Government vs S.Rajesh Ayyanar Murugan on 22 November, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.A(MD)NO.1900 OF 2021
and
C.M.P(MD)No.8380 of 2021
The Secretary to Government,
Municipal Administration and Water Supply
(TP-4)Department,
Government of Tamil Nadu,
Fort St.George,
Chennai-9. :Appellant/Respondent
.vs.
S.Rajesh Ayyanar Murugan : Respondent/Writ Petitioner
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.3798 of 2016, dated 28.02.2020.
For Appellant :Mr.R.Baskaran
Addl.Advocate General-VI
for Mr.M.Siddharthan
Addl.Govt.Pleader
For Respondent :Mr.A.Mithun Chakravarthi
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Writ Appeal is filed by the State seeking to set aside the
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the order passed by this Court in W.P(MD)No.3798 of 2016, dated
28.02.2020.
2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court.
3.The Writ Petition was filed challenging the Government
Order in G.O(D) No.694, Municipal Administration and Water
Supply(TP-4) Department, dated 30.11.2015, in which, the Writ
Petitioner was imposed with a punishment of compulsory
retirement for his proven charges.
4.When the Writ Court dealt with the matter, after
considering the facts and circumstances elaborately, it was held
that the impugned punishment order imposed on the Writ
Petitioner was unsustainable in law and the same was quashed. It
was further found that the Writ Petitioner was entitled to 25% of
the back-wages for the non-working period and also entitled for
other attendant benefits as per the Rules. Aggrieved by the same,
the above Writ Appeal was filed by the State.
5.When the matter is taken up for hearing today, the learned
Additional Government Pleader appearing for the appellant/State
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produced a proceedings of the Executive Officer, Uthamapalayam
Town Panchayat, Theni District in Na.Ka.No.692/2021, dated
30.09.2021. As per the said proceedings, the Writ Petitioner, who
is the respondent in the Writ Appeal, has been reinstated into
service in Uthamapalayam Town Panchayat, Theni District from
30.09.2021 Afternoon.
6.The learned counsel appearing for the Writ
Petitioner/respondent herein also confirmed the same.
7.Recording the same, the Writ Petition is closed. No costs.
Consequently, connected Civil Miscellaneous Petition is closed.
[P.S.N.,J.] [P.V.,J.]
22.11.2021
Index:Yes/No
Internet:Yes/No
vsn
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
https://www.mhc.tn.gov.in/judis
concerned.
PUSHPA SATHYANARAYANA, J.
AND
P.VELMURUGAN, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1900 OF 2021
and
C.M.P(MD)No.8380 of 2021
22.11.2021
https://www.mhc.tn.gov.in/judis
