M.Uthayasekar vs The Principal Secretary To ...
2023 Latest Caselaw 4210 Mad

                                                                           W.P(MD)No.4937 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 13.04.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           W.P(MD)No.4937 of 2023
                                                    and
                                     W.M.P.(MD)Nos.4615 and 4616 of 2023

                     M.Uthayasekar                                     ... Petitioner

                                                           Vs.

                     1.The Principal Secretary to Government,
                       Department of School Education,
                       Secretariat, Chennai – 9.

                     2.The Commissioner of School Education,
                       DPI Campus, Chennai – 6.

                     3.The Chief Educational Officer,
                       Ramanathapuram,
                       Ramanthapuram District.

                     4.The District Educational Officer,
                       Ramanathapuram,
                       Ramanathapuram District.                       ... Respondents



                     Prayer : Writ Petition filed under Article 226 of the Constitution of

                     India, praying this Court to issue a Writ of Certiorarified Mandamus,

                     calling for the records connected with the impugned order of termination

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                               W.P(MD)No.4937 of 2023


                     passed by the 4th respondent in Na.Ka.No.1157/A1/2020 dated

                     23.02.2023, quash the same and consequently direct the respondents to

                     Re-instate and Regularise the service of the petitioner in the post of

                     Typist from 02.11.2007 with consequential, monetary and service

                     benefits including Annual Increment and Selection Grade along with

                     arrears in the light of the Division Bench Judgment of this High Court

                     reported in 2013 (1) CWC 337 dated 22.01.2023.



                                  For Petitioner   : Mr.S.Govindan

                                  For Respondents : Mr.N.Satheesh Kumar,
                                                       Addl. Government Pleader.



                                                          ORDER

The learned counsel for the petitioner seeks permission of this

Court to withdraw this writ petition and also made an endorsement to

that effect.

https://www.mhc.tn.gov.in/judis W.P(MD)No.4937 of 2023

2.Permission granted. This writ petition is dismissed as

withdrawn. Liberty is given to the petitioner to file a fresh writ petition

challenging the impugned order dated 23.02.2023 but confining his relief

to continue in the education department only as a Rule 10(a)(1)

employee. No costs. Consequently, connected miscellaneous petitions

are closed.

                                                                                13.04.2023
                     NCC                : Yes/No
                     Index              : Yes / No
                     Internet           : Yes/ No
                     ias

                     To:-

1.The Principal Secretary, Department of School Education, Secretariat, Chennai – 9.

2.The Commissioner of School Education, DPI Campus, Chennai – 6.

3.The Chief Educational Officer, Ramanathapuram, Ramanthapuram District.

4.The District Educational Officer, Ramanathapuram, Ramanathapuram District.

https://www.mhc.tn.gov.in/judis W.P(MD)No.4937 of 2023

G.R.SWAMINATHAN, J.

ias

W.P(MD)No.4937 of 2023

13.04.2023

https://www.mhc.tn.gov.in/judis