Madras High Court
M.B.Ayyapparajan vs The Tamil Nadu Civil Supplies ... on 3 August, 2023
W.A.No.1997 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.08.2023
CORAM
THE HONOURABLE Mr.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ
W.A.No.1997 of 2023
and C.M.P.No.16952 of 2023
M.B.Ayyapparajan,
Classi Guest House, Pycrofts street,
Triplicane, Chennai 10 .. Appellant
Vs.
The Tamil Nadu Civil Supplies Corporation,
represented by its Managing Director,
Hambuswamy Road, Chennai 600 010. .. Respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 03.04.2023 passed in W.M.P.No.10293 of 2023 in
W.P.No.10325 of 2023 on the file of this Court.
For Appellant : Mr.S.Venkataraman
For Respondent : Mr.C.Selvaraj
Additional Government Pleader
1/6
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W.A.No.1997 of 2023
JUDGMENT
[Judgement of the Court was delivered by R.MAHADEVAN, J.]
This writ appeal has been filed by the appellant / writ petitioner
challenging the order dated 03.04.2023 passed by the learned Judge in
W.M.P.No.10293 of 2023 in W.P.No.10325 of 2023.
2. According to the appellant, he was appointed as Assistant
Manager, by the order of the respondent dated 04.02.2011, subject to
condition that he should pass the DOM test and commercial book keeping
test within a period of five years for declaration of probation. Due to heavy
work pressure, he was unable to pass the tests within the time stipulated, but
he successfully completed the same in December, 2017, but he was allowed
to continue in service. Thereafter, he submitted a representation to consider
his candidature for promotion to the post of Deputy Manager. When the
same was placed before the Board, it was not accorded approval. Thereafter,
the respondent issued a show cause notice dated 27.05.2022 calling the
appellant to explain as to why he should not be terminated from service, for
not passing the tests within the prescribed time. Though the appellant
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W.A.No.1997 of 2023
submitted his explanation, he was terminated from service on 17.03.2023.
Challenging the said termination order passed by the respondent, he has
preferred the writ petition bearing no.10325 of 2023 along with a petition in
WMP.No.10293 of 2023 seeking stay of operation of the said order.
3. On 03.04.2023, when the writ petition along with stay petition
was taken up for hearing, the learned counsel for the respondent, on
instructions, submitted that the appellant has already been terminated from
service pursuant to the termination order issued by the respondent. In view
of the same, the learned Judge dismissed the stay petition. Aggrieved by the
same, the appellant / writ petitioner has preferred the present appeal before
this court.
4. This court is of the view that since the termination order, which
was challenged in the writ petition, was already given effect to, the question
of stay of operation of the said order, does not arise. Hence, there is no
reason to interfere with the order of the learned Judge, in dismissing the stay
petition.
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W.A.No.1997 of 2023
5. At this juncture, the learned counsel for the appellant prayed for
a direction to dispose of the main writ petition as early as possible, as the
appellant has been thrown to street unemployed and facing many difficulties
to make a living.
6. Taking note of the submission made by the learned counsel for
the respondent, the learned Single Judge, who holds the portfolio as per the
roster, is requested to take up the main writ petition in W.P.No.10325 of
2023 for final hearing and dispose of the same, on merits and in accordance
with law as expeditiously as possible preferably within a period of three
months from the date of receipt of a copy of this judgment. The hearing of
the writ petition may commence on 16.08.2023.
7. The writ appeal is accordingly, disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] [M.S.Q., J.]
03.08.2023
Index: Yes / No
Speaking order/ Non-speaking order
Neutral Citation: Yes / No
nsd
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W.A.No.1997 of 2023
To
The Managing Director,
Tamil Nadu Civil Supplies Corporation,
Hambuswamy Road, Chennai 600 010.
https://www.mhc.tn.gov.in/judis
W.A.No.1997 of 2023
R.MAHADEVAN, J.
AND
MOHAMMED SHAFFIQ, J.
nsd
W.A.No.1997 of 2023
03.08.2023
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