Madras High Court
P.Esakkimuthu vs The Director Of Animal Husbandry & ... on 7 January, 2022
W.P.(MD)No.17054 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.01.2022
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)No.17054 of 2018
and
W.M.P.(MD)No.15034, 15035 & 21908 of 2018
P.Esakkimuthu ...Petitioner
/Vs./
1.The Director of Animal Husbandry & Veterinary Services,
O/o. the Directorate of Animal Husbandry & Veterinary Services,
DMS Building, Thenapet,
Chennai – 6.
2.The Joint Director of Animal Husbandry & Veterinary Services,
O/o. the Joint Director of Animal Husbandry & Veterinary Services,
Collectorate Compound,
Thirunelveli,
Thirunelveli District.
3.The Assistant Director of Animal Husbandry & Veterinary Services,
O/o.the Assistant Director of Animal Husbandry & Veterinary Services,
Seranmahadevi,
Thirunelveli District. ...Respondents
PRAYER:- Writ Petition - filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Certiorari, calling for the
records relating to the impugned order of recovery passed by the third
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17054 of 2018
respondent in his proceedings in Se.Na.Ka.No.2573/Aa1/2017 dated
15.06.2018 insofar as the petitioner is concerned and quash the same as
illegal.
For Petitioner : Mr.A.Nawaz Khan
For Respondents : Mr.A.K.Manikkam
Special Government Pleader
ORDER
Heard Mr.A.Nawaz Khan, learned counsel for the petitioner
and Mr.A.K.Manikkam, learned Special Government Pleader for the
respondents.
2.The petitioner challenges an order passed by the Assistant
Director of Animal Husbandry & Veterinary Services, arrayed as R3
seeking to recover increments paid to the petitioner herein. The order is
assailed on the ground the petitioner falls within Group-C category of
employees and as such, no recovery can be effected from him, in line
with the Judgment of the Hon'ble Supreme Court in the case of in the
case of State of Punjab and others vs. Rafiq Masih (2015 (4) SCC 334).
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17054 of 2018
3.Mr.A.K.Manikkam, learned Special Government Pleader
would also fairly confirm and acquiesce to the factual status of the
employee and the applicability of the Judgment as aforesaid.
4.Thus and in the light of the discussion as aforesaid, the
impugned order of recovery is quashed and this Writ Petition allowed.
No costs. Consequently, connected Miscellaneous Petitions are closed.
07.01.2022
Internet: Yes
Index :Yes/No
sm
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
concerned.
DR.ANITA SUMANTH, J.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.17054 of 2018
sm
To
1.The Director of Animal Husbandry & Veterinary Services,
O/o. the Directorate of Animal Husbandry & Veterinary Services,
DMS Building, Thenapet,
Chennai – 6.
2.The Joint Director of Animal Husbandry & Veterinary Services,
O/o. the Joint Director of Animal Husbandry & Veterinary Services,
Collectorate Compound,
Thirunelveli,
Thirunelveli District.
3.The Assistant Director of Animal Husbandry & Veterinary Services,
O/o.the Assistant Director of Animal Husbandry & Veterinary Services,
Seranmahadevi,
Thirunelveli District.
Order made in
W.P.(MD)No.17054 of 2018
Dated:
07.01.2022
https://www.mhc.tn.gov.in/judis
