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Dr.P.Thambidurai vs The Government Of Puducherry
2023 Latest Caselaw 8944 Mad

Citation : 2023 Latest Caselaw 8944 Mad
Judgement Date : 25 July, 2023

Madras High Court
Dr.P.Thambidurai vs The Government Of Puducherry on 25 July, 2023
                                                                   Writ Appeal Nos.734 & 735 of 2016
                                                                           and W.P.No.41767 of 2016

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               Dated: 25.07.2023

                                                   CORAM

                            THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
                                              AND
                           THE HONOURABLE MR. JUSTICE K.KUMARESH BABU

                                       Writ Appeal Nos.734 & 735 of 2016
                                           and W.P.No.41767 of 2016
                                   and C.M.P.Nos.9494, 9495 and 11020 of 2016
                                          and W.M.P.No.35759 of 2016

                     W.A.Nos.734 and 735 of 2016

                     Dr.P.Thambidurai                          ... Appellants in both W.As.

                                                       Vs

                     1. The Government of Puducherry,
                        Rep. By its Chief Secretary,
                        Chief Secretariat,
                        No.1, Goubert Avenue (Beach Road),
                        Puducherry – 605 001.

                     2. The Secretary to Government (Education)-cum-Chairman,
                        Perunthalaivar Kamarajar Insitutue of
                        Engineering and Technology (PKIET),
                        Government of Puducherry,
                        Chief Secretariat, No.1, Goubert Avenue (Beach Road),
                        Puducherry – 605 001.

                     3. The Director of Higher and Technical Education(DHTE)
                        Government of Puducherry,
                        Lawspet, Puducherry – 605 008.           ... Respondents in W.As.


https://www.mhc.tn.gov.in/judis
                     Page No.1/6
                                                                    Writ Appeal Nos.734 & 735 of 2016
                                                                            and W.P.No.41767 of 2016

                     W.P.No.41767 of 2016

                     Dr.P.Thambidurai,
                     Principal-in-charge,
                     Perunthalaivar Kamarajar Insitute of
                     Engineering and Technology (PKIET)
                     Karaikal, Union Territory of Puducherry.            ... Petitioner

                                                       Vs.

                     1. Union of India,
                        Rep. By the Chief Secretary,
                        Chief Secretariat,
                        Government of Puducherry,
                        Puducherry – 605 001.

                     2. The Secretary (Higher and Technical Education)-
                        cum-Chairman, PKIET,
                        Chief Secretariat,
                        Government of Puducherry,
                        Puducherry – 605 001.

                     3. The Director,
                        Directorate of Higher and Technical Education,
                        Government of Puducherry,
                        Lawspet, Puducherry – 605 008.

                     4. The Collector,
                        Government of Puducherry,
                        Collectorate, Puducherry,
                        Puducherry.

                     5. R.Buvaneswari
                     6. Central Administriave Tribunal – Madras Bench,
                        Rep. By its Registrar,
                        High Court Campus, Chennai – 600 104.        .. Respondents.



https://www.mhc.tn.gov.in/judis
                     Page No.2/6
                                                                        Writ Appeal Nos.734 & 735 of 2016
                                                                                and W.P.No.41767 of 2016

                     PRAYER in W.A.Nos.734 & 735 of 2016: Writ Appeals filed under
                     Clause 15 of Letters Patent Act, to set aside the order dated 08.06.2016
                     passed in W.P.Nos.19301 & 19302 of 2016.



                     PRAYER in W.P.No.41767 of 2016: Writ Petition under Article 226 of
                     the Constitution of India praying for the issuance of a Writ of Certiorari,
                     calling for the records relating to the orders of the 6 th respondent Tribunal
                     dated 04.10.2016 in M.A.Nos.537, 538 and 719 of 2016 in M.A.926 of
                     2015 in unnumbered RA in O.A.511 of 2010 and quash the same as
                     being illegal, arbitrary, unjust and beyond jurisdiction.

                                   For Appellants     : Mr.V.Govardhanan
                                   [in both W.As.]      for M/s.Row and Reddy

                                   For Respondent     : Mr.R.Sreedhar
                                   [in both W.As.]      Additional Govt. Pleader [Puducherry]

                                                W.P.No.41767/2016

                                   For Petitioner     : No appearance


                                   For Respondents : Mr.R.Sreedhar
                                                     Additional Govt. Pleader [Puducherry]
                                                     [R1 to R4]

                                                        No appearance [R5 and R6]




https://www.mhc.tn.gov.in/judis
                     Page No.3/6
                                                                          Writ Appeal Nos.734 & 735 of 2016
                                                                                  and W.P.No.41767 of 2016



                                                         JUDGMENT

(Judgment of the Court was made by Mr.R.SURESH KUMAR,J.)

Mr.V.Govardhanan, learned counsel appearing for the appellant,

on instructions would submit that, since the appellant sought for

appointment and posting as a Principal in Government Engineering

College at Puducherry, which was turned down he had approached the

Writ Court and filed writ petitions and that become unsuccessful. He

would also submit that, since the appellant has already superannuated

nothing effectively can be persuaded further in these appeals. Therefore,

virtually it become infructuous, he contended.

2. The said submission made by the learned counsel appearing for

the appellant is taken on record and accordingly, these appeals are

dismissed as infructuous.

3. In view of the said dismissal of the writ appeals having become

infructuous, the prayer sought for in the writ petition i.e., in

W.P.No.41767 of 2016 also has become infructuous. Therefore, this writ

https://www.mhc.tn.gov.in/judis Page No.4/6 Writ Appeal Nos.734 & 735 of 2016 and W.P.No.41767 of 2016

petition is also dismissed as infructuous. No costs. Connected

miscellaneous petitions are closed.

                                                           (R.S.K.,J.)         (K.B., J.)
                                                                      25.07.2023


                     Index: Yes/No

Speaking Order/Non Speaking Order Neutral Citation:Yes/No

mp

https://www.mhc.tn.gov.in/judis Page No.5/6 Writ Appeal Nos.734 & 735 of 2016 and W.P.No.41767 of 2016

R.SURESH KUMAR., J.

and K.KUMARESH BABU.,J.

mp

Writ Appeal Nos.734 & 735 of 2016 and W.P.No.41767 of 2016

25.07.2023

https://www.mhc.tn.gov.in/judis Page No.6/6

 
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