The Commissioner vs S.Satheeshkumar
2024 Latest Caselaw 7786 Mad

Madras High Court

The Commissioner vs S.Satheeshkumar on 17 April, 2024

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                              WA(MD). No.678 of 2018


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Date : 17/04/2024

                                                       CORAM

                                     The Hon`ble Mr.Justice N.SESHASAYEE
                                                      and
                                     The Hon`ble Mr.Justice P.VADAMALAI

                                           WA(MD). No.678 of 2018 and
                                            CMP(MD) No.3828 of 2018

                     1.The Commissioner,
                       Office of the Welfare of the Differently abled,
                       Chennai 78

                     2.The District Collector
                       Sivagangai District
                       Sivagangai

                     3.The District Welfare Officer of the differently abled,
                       Office of the Welfare of the differently abled,
                       Sivagangai District
                       Sivagangai                                            ... Appellants

                                                          Vs

                     S.Satheeshkumar                                       ... Respondent


                     PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent

                     against the order dated 06.03.2018 in WP(MD) No.4686/2018.

                                  For Appellants      : M/s.A.Baskaran
                                                      Additional Government Pleader
                                  For Respondent      : Mr.P.R.Boomirajan

                     1/4

https://www.mhc.tn.gov.in/judis
                                                                              WA(MD). No.678 of 2018


                                                    JUDGMENT

(Judgment of the Court was delivered by N.SESHASAYEE, J.)

The respondent herein was employed as a driver on temporary basis in

the office of the 3rd respondent and he was terminated from service.

Therefore, he applied to the third respondent for his reinstatement and

that came to be rejected by the third respondent vide proceedings dated

06.02.2018. This came to be challenged before the learned Single Judge

in WP(MD) No.4686/2018.

2. The learned Single Judge appeared to have considered the situation as

one involving a summary termination of a temporary employee and

proceeded to hold that he is entitled to procedural fairness even if he is to

be terminated. This order of the learned Single Judge is now under

challenge.

3. The learned Additional Government Pleader submitted that all that the

petitioner sought was his reinstatement even while he admitted that he

was only temporarily appointed and this prayer of the respondent was

rejected. However, the learned Single Judge appeared to have equated

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

the situation as one involving summary termination of the respondent.

There is an error apparently on the face of the record since the line of

reasonings of the learned Judge does not match the issue before him.

4. Turning to the merits of the case, a temporary employee does not have

any vested right to seek his appointment. Necessarily he cannot be

granted any remedy. The writ appeal is accordingly allowed. No costs.

Consequently connected Miscellaneous Petition is closed.

(N.S.S.,J.) (P.V.M.,J.) 17.04.2024

RR TO

1.The Commissioner, Office of the Welfare of the Differently abled, Chennai 78

2.The District Collector Sivagangai District Sivagangai

3.The District Welfare Officer of the differently abled, Office of the Welfare of the differently abled, Sivagangai District Sivagangai

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

N.SESHASAYEE, J.

and P.VADAMALAI, J.

RR

17.04.2024

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