The Agricultural Production ... vs R.Thomas
2025 Latest Caselaw 5850 Mad

Madras High Court

The Agricultural Production ... vs R.Thomas on 8 April, 2025

Author: S.Srimathy

Bench: J.Nisha Banu, S.Srimathy

                                                                                     W.A.(MD)No.918 of 2025


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 08.04.2025

                                                         CORAM:

                                  THE HONOURABLE MRS.JUSTICE J.NISHA BANU
                                                            AND
                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                            W.A.(MD)No.918 of 2025
                                                      &
                                           C.M.P.(MD)No.5941 of 2025

                1.The Agricultural Production Commissioner
                      and Secretary to Government,
                  Commissionerate of Agriculture,
                  Chepauk, Chennai-600 002.

                2.The Chief Engineer,
                  Agricultural Engineering Department,
                  No.487, Anna Salai, Nandanam,
                  Chennai-35.

                3.The Superintending Engineer,
                  Agricultural Engineering Department,
                  Chief Engineer Office,
                  No.487, Anna Salai, Nandanam,
                  Chennai-35.                                                        ... Appellants

                                                             -Vs-


                R.Thomas                                                             ... Respondent




                Page 1 of 5




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                                                                                              W.A.(MD)No.918 of 2025


                PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to
                set aside the order dated 21.11.2024 made in W.P.(MD)No.18244 of 2024 on the
                file of this Court.


                                           For Appellants           : Mr.S.S.Madhavan,
                                                                     Additional Government Pleader
                                           For Respondent           : Mr.I.Pinaygash


                                                             JUDGMENT

[Judgment of the Court was delivered by S.SRIMATHY, J.]

This Writ Appeal is directed against the order of this Court dated

21.11.2024 made in W.P.(MD)No.18244 of 2024.

2.It is the case of the respondent / writ petitioner that he was initially

appointed as Assistant Engineer (Agricultural Engineering Department) on

21.02.1985. Subsequently, he obtained various promotions. On 20.01.2021 while

he was serving as Executive Engineer at Thoothukudi, he was suspended from

service and issued with a charge memo on 24.02.2021. Thereafter, Enquiry

Officer was appointed. The writ petitioner was about to attain superannuation on

30.06.2022. However, citing the pendency of the charges, the service of the writ

petitioner was extended and he was retained in service vide G.O.(3d)No.90,

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Agriculture and Farmers Welfare (AA6) Department, dated 30.06.2022.

Challenging the same, the writ petitioner has filed the said Writ Petition.

3.The Writ Court, after hearing both sides, allowed the Writ Petition,

setting aside the said G.O.(3d)No.90, Agriculture and Farmers Welfare (AA6)

Department, dated 30.06.2022. Aggrieved by the same, the appellants have filed

this Writ Appeal.

4.Heard the learned counsel on either side and perused the materials

available on record carefully.

5.A perusal of the records would show that the 2nd appellant issued

second charge memo on 19.09.2023 superseding the first charge memo dated

24.02.2021. The Government Order in G.O.(3d)No.90, Agriculture and Farmers

Welfare (AA6) Department, dated 30.06.2022, retaining the writ petitioner in

service was issued only based on the first charge memo dated 24.02.2021. When

the first charge memo was superseded, the order of retaining the writ petitioner in

service will not have legs to stand. Therefore, the Writ Court has rightly set aside

the said Government Order and allowed the Writ Petition. We do not find any

error or infirmity in the order passed by the Writ Court.

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6.Accordingly, this Writ Appeal is dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

                                                                    [J.N.B., J.] & [S.S.Y., J.]
                                                                               08.04.2025
                NCC           : Yes / No
                Index         : Yes / No

                Yuva









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                                                                                 J.NISHA BANU, J.
                                                                                                 AND
                                                                                  S.SRIMATHY, J.

                                                                                                  Yuva









                                                                                           08.04.2025

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