Madras High Court
P.Kalaimani vs The Chief Electoral Officer And on 22 November, 2023
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
2024:MHC:6094
W.P.No.17309 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2023
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.17309 of 2017
and
W.M.P.No.18809 of 2017
1.P.Kalaimani
2.D.Murugan
3.M.Radha
4.D.Indumathi
5.D.Sangeetha
6.D.Loganayagi
7.K.Srimathi ... Petitioners
Vs.
1.The Chief Electoral Officer and
Principal Secretary to Government,
Public (Elections. V) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The District Election Officer / Commissioner,
Corporation of Chennai,
Rippon Buildings,
Chennai – 600 003.
Page 1 of 5
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W.P.No.17309 of 2017
3.The Distrct Revenue Officer (Election),
Corporation of Chennai,
Rippon Buildings,
Chennai – 600 003. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, to call for the records relating
to the proceedings of the 2nd respondent issued in LR.No.A/264/2015, dated
12.04.2017 and to quash the same and consequently to allow the petitioners
to continue in service as Section Writers on par with other similarly placed
Section Writers working in Chennai District with benefits of consideration
for regularisation of services based on the proposals issued by the 1 st
respondent in D.O.Lr.No.18166/Ele.V/2011-6 dated 19.11.2012 and the other
subsequent proposals.
For Petitioners : Mr.J.Jayamalan
For Mr.S.Nedunchezhiyan
For R1 : Mr.L.S.M.Hasan Fizal
Additional Government Pleader
For R2 : Mr.S.Gopinathan
For R4 : Mr.Niranjan Rajagopalan
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W.P.No.17309 of 2017
ORDER
The writ petition has been filed challenging the proceedings dated
12.04.2017 passed by the 2nd respondent and consequently to allow the
petitioners to continue in service as Section Writers on par with other
similarly placed Section Writers working in Chennai District with benefits of
consideration for regularisation of services based on the proposals issued by
the 1st respondent in D.O.Lr.No.18166/Ele.V/2011-6 dated 19.11.2012 and
the other subsequent proposals.
2. Regarding the relief sought for by the writ petitioners, the Hon'ble
Division Bench of this Court had already delivered a judgment in
W.A.No.1160 of 2020 dated 06.04.2022 and held that “as long as the services
of Section Writers are required, they can be allowed to continue in service,
by relaxing their age and it is for the Government to engage them in different
places, based on requirement and this Court is not inclined to pass any
specific direction as regards their place of work”.
3. In view of the judgment passed by the Hon'ble Division of this
Court, the writ petitioners are not entitled for the claim sought in this writ
petition. If at all the Government takes a decision, the Government shall
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consider the plight of the writ petitioners thereafter. Therefore, this Court is
not inclined to issue any specific directions to that effect.
4. With these observations, this Writ Petition stands dismissed. No
costs. Consequently, connected Miscellaneous Petition is closed.
22.11.2023
Jeni
Index : Yes / No
Neutral Citation : Yes / No
Speaking order : Non-speaking order
To
1.The Chief Electoral Officer and
Principal Secretary to Government,
Public (Elections. V) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The District Election Officer / Commissioner,
Corporation of Chennai,
Rippon Buildings,
Chennai – 600 003.
3.The Distrct Revenue Officer (Election),
Corporation of Chennai,
Rippon Buildings,
Chennai – 600 003.
https://www.mhc.tn.gov.in/judis
V.BHAVANI SUBBAROYAN, J.
Jeni
22.11.2023
https://www.mhc.tn.gov.in/judis
