IN THE HIGH COURT OF JUDICATURE AT MADRAS (SPECIAL ORIGINAL JURISDICTION) W.P.No. of 2020N.Natarajan, Chief Engineer, Commissionerate of Municipal Administration, MRC Nagar, Santhome High Road, Chennai-600 028. … PetitionerThe Government of Tamil Nadu, Rep. by its Additional Chief Secretary to Government, Municipal Administration and Water Supply Department (MA & WS), Fort St. George, Chennai-600 009. The Commissioner of Municipal Administration, 11th Floor, Urban Administrative Building, (Opp. to Ciba Building), No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028 The Greater Chennai Corporation, Rep. by its Commissioner, Chennai. Mr. Pugazhendi, Principal Chief Engineer, Commissionerate of Municipal Administration, Santhome High Road, Chennai-600 028. … Respondents

[6/30, 17:02] Sekarreporter 1: * As per Tamilnadu Municipal Engineering Service Rules 1997 persons working as Superintending Engineer in all Corporations except Chennai are eligible to be appointed as Chief Engineer in the office of Commissionerate of Municipal Administration.

  • The post of Chief Engineer in the office of Commissionerate of Municipal Administration is the State Level post. Every Superintending Engineer working in all Corporations except Chennai will aspire to become a Chief Engineer.
  • Based on his seniority on 25.07.2018 M.Natarajan was appointed as Chief Engineer.
  • One Pugalenthi who was working as Chief Engineer in Chennai Corporation retired from services on 30.06.2016 on attaining the age of superannuation.
  • Government issued G.O. No.278, Municipal Administration and Water Supply dated 30.06.2016 has extended his services finally for two years stating that his services were required for completing ongoing projects in Chennai Corporation.
  • Subsequently Government issued another G.O. No.271, Municipal Administration and Water Supply dated 29.06.2018 and extended his services finally for another two years stating that his services were required for completing certain projects in Chennai Corporation.
  • So the services of Pugalenthi was extended only for the completing the ongoing projects in Chennai Corporation.
  • As per the Chennai Corporation Engineering Service Rules a Superintending Engineer working in Chennai Corporation can be promoted as Chief Engineer OR a Chief Engineer from PWD or Highway Department can be deputed as Chief Engineer.
  • At these juncture by G.O. (D).No.503, Municipal Administration and Water Supply dated 20.12.2019 the Government has illegally deputed the above said Pugalenthi as Chief Engineer of Commissionerate of Municipal Administration and posted N.Natarajan in his place.
  • The services of Pugalenthi was already extended by four years for the completion of ongoing projects in Chennai Corporation. But after completion of 3 1/2 of years he was posted in a State Level Post which is impermissible under law.
  • The G.O. (D).No.503, Municipal Administration and Water Supply dated 20.12.2019 deputing both the Pugalenthi and N.Natarajan is ex-facie illegal.
  • Challenging the G.O. N.Natarajan filed W.P.No.8664 of 2020.
  • Now the Government is taking hectic steps to extent the services of Pugalenthi for another two years.
  • The Engineers working in the department are fuming about the attitude of the Government in retaining a favourable person for more than four years even after retirement. The repeated extension given to a favourable officer and thereby blocking the juniors from getting promotion is affecting the morale of the department Engineers.
    [6/30, 17:33] Sekarreporter 1: IN THE HIGH COURT OF JUDICATURE AT MADRAS
    (SPECIAL ORIGINAL JURISDICTION)
    W.P.No. of 2020

N.Natarajan,
Chief Engineer,
Commissionerate of Municipal Administration,
MRC Nagar, Santhome High Road,
Chennai-600 028. … Petitioner

-Vs-

  1. The Government of Tamil Nadu,
    Rep. by its Additional Chief Secretary
    to Government,
    Municipal Administration and Water Supply
    Department (MA & WS),
    Fort St. George, Chennai-600 009.
  2. The Commissioner of Municipal Administration,
    11th Floor, Urban Administrative Building,
    (Opp. to Ciba Building),
    No.75, Santhome High Road,
    MRC Nagar, Raja Annamalaipuram,
    Chennai-600 028
  3. The Greater Chennai Corporation,
    Rep. by its Commissioner,
    Chennai.
  4. Mr. Pugazhendi,
    Principal Chief Engineer,
    Commissionerate of Municipal Administration,
    Santhome High Road,
    Chennai-600 028. … Respondents

AFFIDAVIT

   I, N.Natarajan, S/o. Nanjan, Hindu, aged about 55 years, working as Chief Engineer, Commissionerate of Municipal Administration, 75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028, now temporarily come down to Coimbatore, do hereby solemnly affirm and sincerely state as follows:-
  1. I am the petitioner herein and as such I am well acquainted with the facts and circumstances of the case.
  2. I submit that after entering in the TNMES on 16.5.1983, I have served in various capacities in the Engineering wing of the 2nd respondent Department. My services are governed by the Tamil Nadu Municipal Engineering Service Rules. I have been serving the 2nd respondent for the past 35 years with utmost sincerity and devotion. I was not subjected to any disciplinary proceedings and I have been rendering unblemished service. As per Rules 3 and 4 of Tamil Nadu Municipal Engineering Service Rules’1997 the Superintending Engineer working in the 2nd respondent department under TNMES is eligible for promotion as Chief Engineer or Superintending Engineers from Municipal Corporations other than Corporation of Chennai are eligible to be appointed as Chief Engineer on deputation. Vide G.O.(O)No.307, Municipal Administration and Water Supply (M.E-3) Department, dated 25.07.2018, I was promoted as Chief Engineer and posted in the office of the 2nd respondent. The post of Chief Engineer in the 2nd respondent department is a statewide post and every Engineer of the Tamilnadu Municipal Engineering Service (TMES) in the department aspire to reach the top most post in their official career. I have raised to the rank of Chief Engineer by dint of hard work, honestly, integrity, committed devotion in duty.
  3. I submit that the 4th respondent was working as Chief Engineer and in Chennai Corporation and internally arranged to designate as Chief Engineer (General) in the 3rd respondent Corporation and he was due to retire on 30.06.2016. The 3rd respondent has sent a proposal dated 21.06.2016 vide proceedings No.Po.Thu.Na.Ka.No. E1/22166/2016, requesting to extend the services of the 4th respondent for two years by appointing him in the upgrading post of the Principal Chief Engineer as he was implementing certain ongoing projects in the 3rd respondent Corporation. Further for this purpose, the 3rd respondent has also requested the Government to upgrade the Chief Engineer post holding by the 4th respondent as Principal Chief Engineer. Based on the recommendation of the 3rd respondent, the 1st respondent issued G.O.(D).No.278, MA & WS (MC-3) Department, dated 30.06.2016 extending the services of the 4th respondent for two years for completing the ongoing civil engineering projects and other allied works in the 3rd respondent Corporation and his post of Chief Engineer (General) in the regular service period was upgraded as Principal Chief Engineer after his superannuation period. The 4th respondent is the first person in the State holding the post of Principal Chief Engineer after superannuation during the extension of service from 1.7.2016 for two years. Subsequently after the completion of two years, the 3rd respondent has again requested the Government to extend the services of the 4th respondent for another two years as his services were required in the several projects implemented and new projects are to be implemented by the 3rd respondent. Accepting the same, the 1st respondent has again extended the services of the 4th respondent for further period of two years vide G.O.(D)No.271, MA & WS (MC-3) Department, dated 29.06.2018 for the specific purpose i.e. to implement and to complete as per the ethics of the criteria given for extension of service for a person in a fixed time frame by utilizing specialization of technical knowledge using project management technique and construction management technique to complete in scheduled time with ensuring ethics of the project in implementing and quality maintaining the ongoing projects in the 3rd respondent Department.
  4. As far as extension of service is concerned, in a judgment reported in 1996 Writ LR 149, this Hon’ble Court has held that –

“79. Before parting with this case, it is my duty to notice certain facts which come before Court very often. Indiscriminate grant of extension of service has been brought before Court on number of occasions. Extension of service after reaching the superannuation has to be resorted to only under extraordinary circumstances. In; other words, grant of extension of service to a superannuated officer should be an exception and normally extension should not be granted unless extraordinary and compelling circumstances exist warranting extension of service after an officer reaches the age of superannuation. Such extensions generate disgruntlement and dis-appointment amongst the other officers lower down in the ladder whose only aspiration in official career would be to reach the top most; post in administrative set up. It is undoubtedly true that ultimate arbiter of public interest is the Government and the Court can only discern whether public interest exists or not. It is not uncommon now-a-days to find authorities granting extension after extension to public servants taking shelter under ‘public interest and such extensions are granted at times for two to three years as if the entire administration would come to a grinding halt but for the continuance in’ service of such Government servants who had attained the age of superannuation. As the saying goes, ‘nobody is indispensable in this world’. If extensions are granted as a matter of course instead of sub serving public interest, it would adversely affect public interest and it would become counterproductive besides totally destroying the aspirations of Government servants and servants of other public bodies and institutions who have been waiting to reach the promotional post after putting forth efficient and meritorious service. It may be that those who are waiting in the queue may be able to render better service than the one whose extensions are granted. The arms of law would be extended where the Court finds that extension of service is granted on extraneous and irrelevant considerations and in that event the defense of’ Public Interest’ would lose its validity and force. The mere mention of the word ‘Public Interest’ does not lead to the irrebuttable presumption that there exists public interest and in appropriate cases Court can find out whether the public interest referred to in the order of extension is supported by facts and materials. If the Government or other institutions start extending the services of superannuated officials, as a matter of bounty, then there is every possibility of the officer in service playing to the tunes of those in power totally acting against public interest. Legitimate and lawful aspirations of officers in service should not be destroyed by grant of indiscriminate extensions of service. It would be in the interest of the administration to recognize the legitimate and lawful claims of those who would have got promoted to a higher post but for the extension granted to those occupying such higher positions. Some of the public servants who are next in rank may not even come forward to challenge illegal extension of services granted in the unlawful hope that they would also get similar extensions after attaining the age of superannuation. In fine, I would like to conclude by saying that in any public service, the normal course should be to allow a public officer to retire on attaining the age of superannuation and that extension of service thereafter should be avoided. This will keep the administration instead which would not only serve public interest but also meet the ends of justice.”

  1. I submit that in-spite of the repeated orders of this Hon’ble Court advising the Government not to extend the services routinely, the 1st respondent has casually dealt without considering details and criteria to be furnished and adopted for extension of service and lavishly granted extension of service to the 4th respondent for 4 years. It is pertinent to note that the extension of service granted by the above Government orders is only for the limited purpose of completing ongoing projects in the 3rd respondent Corporation.
  2. I submit that at this juncture, I was shocked and got mental agony for the sudden illegal transfer orders pertaining to the G.O.(D)No.503, MA&WS Dept (ME-3), dated, 20.12.2019 transferring the 4th respondent in my place on deputation and posted me as Chief Engineer on deputation in the 3rd respondent Corporation. The services of the 4th respondent was only extended for completing the ongoing projects in the 3rd respondent Corporation and the above order dated 20.12.2019 is without jurisdiction. Further, as per Rule 3 and 4 of Tamil Nadu Municipal Engineering Service Rules, 1997 any superintending Engineering working in the TNMES in the 2nd respondent department alone be considered for appointment of Chief Engineer post or Superintending Engineer from Municipal Corporations other than Chennai Corporation alone can be appointed on deputation as Chief Engineer in the office of the 2nd respondent department. The 4th respondent who is working in his parent department i.e., namely Chennai Corporation and that too in extension of service cannot be transferred to the 2nd respondent department in the office of the Commissionerate of the Municipal Administration which is prohibited by the TNMES. The 2nd respondent department is a State level body having administrative control of the Municipalities, Regions, Corporations other than Chennai Corporation and the office of the same is situated at Chennai within the jurisdiction of Corporation of Chennai. The intention of the rule makers is that person working in the Corporation of Chennai should not be appointed as Chief Engineer of the 2nd respondent department, which is a State level body and implementing all types of engineering works whereas the Chief Engineer is executing the Engineering works other than the Water Supply and Under Ground Drainage.
  3. I submit that as per under Sec.44 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, a member who is on extension of service after superannuation should not be considered for appointment either by promotion or by recruitment by transfer to a higher category, during the period of extension of service. The object of the above provision is that a person who is on extension of service should not be given higher responsibility, promotion and appointment or on deputation during the extension period. But in the present case, the 4th respondent was appointed in a State-wide post violating all the statutory provisions in force. As specified in the above para and as per the Rule 3 and 4 of Tamil Nadu Municipal Engineering Service Rules, 1997 any eligible superintending Engineer working in the Tamilnadu Municipal Engineering Service in the 2nd respondent department alone be considered for the appointment of Chief Engineer post or Superintending Engineer from Municipal Corporations other than Chennai Corporation alone can be appointed as Chief Engineer on deputation in the office of the 2nd respondent department. According to Chennai Municipal Corporation Engineering Service Rules, the post of Chief Engineer in Chennai Corporation may be filled up by Promotion from among the Superintending Engineer except SE(Electrical) of the Corporation or by appointment on deputation of Chief Engineer from PWD or Highways Department of State Government, and therefore no person from the Administration of the Commissionerate of Municipal Administration can be appointed as Chief Engineer in the 3rd respondent of the Chennai Corporation.
  4. Accordingly, “a Chief Engineer from O/o. CMA cannot be appointed either by Promotion or by Deputation / transfer of Service to Chennai Corporation, since the Chennai Corporation and the Department of Municipal Administration are two separate entities as per the respective Acts and having a separate service rules for each of the entities. Further, after transferring the 4th respondent to my place on deputation, the post of Principal Chief Engineer created only favoring 4th respondent during extension of service was abolished in the 3rd respondent Corporation violating the purpose of extension of service given to the 4th respondent and abolished in the 3rd respondent corporation without appropriate order obtained from the 1st respondent. The above facts clearly show that everything was done intentionally by violating all constitutional provisions and rule of law, act etc., to accommodate the 4th respondent in the 3rd respondent Corporation.
  5. It is pertinent to note here that in G.O.(D)No. 278, MA & WS (MC-3) Department, dated, 30.6.2016, the 1st respondent, with the recommendation of the 3rd respondent had issued order with some favoring conditions to the 4th respondent relating to the purpose of extension of service stating that the post of Principal Chief Engineer will be inforce as long as the 4th respondent is holding the upgraded post of Principal Chief Engineer at Chennai Corporation or up to 2 years from the date of extension of service as stated in the order of the 1st respondent whichever is earlier. The above conditions reveal that the 1st respondent has aimed to accommodate the 4th respondent in the extension of service period in a dignified post despite there is no particular technical specialization knowledge is required for the execution of ongoing works in Chennai Corporation during his period of extension of service, Which can be executed by other Chief Engineers available in the Chennai Corporation.
  6. As the impugned order dated, 20.12.2019 is ex-facie illegal, the present Writ Petition is filed on the following among other

GROUNDS

a) The impugned order passed by the 1st respondent is ex-facie illegal, violative of the statutory provisions, without jurisdiction and unsustainable.
b) The 1st respondent ought to have seen that the post of Chief Engineer in the 2nd respondent department is governed by the Tamil Nadu Municipal Engineering Service Rules, 1997. Whereas the post of Chief Engineer of 3rd Respondent Corporation is governed by separate Service rules under a separate Municipal Corporation act.

c) The 1st respondent ought to have seen that as per Rule 3 of the Tamil Nadu Municipal Engineering Service Rules, 1997, any suitable Superintending Engineer working in the 2nd respondent department can be promoted and appointed as Chief Engineer or Superintending Engineer from any Municipal Corporation other than Municipal Corporation of Chennai can be appointed as Chief Engineer on deputation in the 2nd respondent department.

d) The 1st respondent ought to have seen that the impugned order posting the 4th respondent as Chief Engineer on deputation in the 2nd respondent department, is without jurisdiction and unsustainable, since the 4th respondent is only on extension of service in the upgraded post of Principal Chief Engineer of 3rd respondent department Corporation of Chennai).

e) The 1st respondent ought to have seen that as per Rule 4 of the Tamil Nadu Municipal Engineering Service Rules, 1997, the qualification for the post of Chief Engineer is that the person must possess a degree in Civil, Mechanical or Electrical Engineering and must have worked as Superintending Engineer in the 2nd respondent department of TNMES or any other Municipal Corporation other than the Corporation of Chennai.
f) The 1st respondent has no jurisdiction to transfer and post the 4th respondent on deputation from the 3rd respondent Corporation of Chennai to the 2nd respondent department in the office of the CMA since as there is no sanctioned post of Principal Chief Engineer in the 2nd respondent department.

g) The 1st respondent ought to have seen that the 2nd respondent department is a State level Administrative body and the office of the same is situated at Chennai whereas the Administrative control, Act and Service rules are of the 2nd respondent is not lawfully controlled by Corporation of Chennai.

h) The 1st respondent ought to have seen that the intention of the rule makers is that a person working as Chief Engineer / Principal Chief Engineer in Corporation of Chennai should not be appointed on deputation in the 2nd respondent department which is a State level Administrative body covering 121 Municipalities and 15 corporations other than the Chennai Corporation, whereas the activities of the Engineers of the Chennai Corporation is limited to the area of Chennai Corporation alone.

i) The impugned order runs counter to the statutory regulations, rules, and acts dealing with the Personnel Administration matters.

j) The 1st respondent ought to have seen that under Sec.44 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, a member who is on extension of service after superannuation should not be considered for appointment either by promotion or by recruitment by transfer to a higher category, during the period of extension of service.
k) The 1st respondent ought to have seen that the 4th respondent has reached the age of superannuation on 30.06.2016 itself while working as Chief Engineer in the 3rd respondent of the Chennai Corporation and further extended for further 2 years.

l) As the 1st respondent was of the opinion that the services of the 4th respondent are required in the 3rd respondent corporation, 1st respondent had given extension of service for 2 years vide G.O. (D).No.278,MA&WS (MC-3) Department, dated 30.06.2016 that too with a reward of upgrading his original post to the level of Principal Chief Engineer post even though the 4th respondent sought 3rd respondent on 20.6.2016 only for the extension of service in the post of Chief Engineer (General) which was holding at the end of month of the 4th respondent’s retirement / Superannuation. The 3rd respondent hurriedly preparing the proposal without following the procedures and criteria for the extension of service and recommending to 1st respondent favoring for the 4th respondent on 21.6.2016

m) The 1st respondent ought to have seen that whether the 4th respondent has specialized knowledge in the branch of engineering service which is one of the prime imperative need to consider for the extension Of Service as Principal Chief Engineer. Though the 4th respondent had not indicated in details about the status of the scheme wise project sanction, ongoing, completed, balance and the period of completion, expenditure etc., of the Projects, new project sanctioned and to be sanctioned and related works to be completed in the scheduled time and reason for not completed etc., in his representation for seeking of extension of service addressed to the 3rd respondent directly, but the 3rd respondent had hurriedly furnished the proposal favoring 4th respondent intentionally for extension of service just with mere para wise statement and recommended to 1st respondent for upgrading the post with extension of service and appointing the 4th respondent in the upgraded post.

n) The 1st respondent ought to have seen before passing the impugned order, that the services of the 4th respondent was further extended for another 2 years as his services were still required in the 3rd respondent corporation itself for the additional Project proposals or newly sanctioned projects and pass the order in G.O.(D)No.271, MA & WS, (MC-3) Department, dated 29.06.2018.

o) The 1st respondent ought to have seen that the present impugned order runs counter to the Government Orders granting extension of services to the 4th respondent.

p) The respondents ought to have considered the fact that the service of fourth respondent was extended in 3rd respondent corporation exclusively owing to the ongoing projects in that corporation and as soon as they decided to relieve him from that ongoing project, the extension of service of fourth respondent ceased to exist and therefore the illegal transfer to the 2nd respondent department of CMA office became infructuous. But they have not applied their mind and transferred him to the O/o. CMA which act establishes the ulterior motive of the respondents to favour by illegal means to the 4th respondent for extraneous consideration and to cause injustice, transparently discriminated and deprived all constitutional rights of the Petitioner with malafide intension and thereby they misused and misappropriated their official capacity with ulterior motive.

q) The first respondent failed to note the fact that while framing of the rules of Tamilnadu Municipal Engineering Service’1997 the Government have clearly prohibited the appointment of Engineers from Chennai Corporation to the Administration of Commissionerate of Municipal Administration (CMA) on the reason that they are not at all dealing with all types of projects, innovative projects including the Water supply and Drainage schemes, since in Chennai Metropolitan Area these works are being executed by Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB), Whereas Municipal Engineers or other Corporation Engineers are well exposed to all type of projects including the Water supply Sewerage and Drainage Works all along their services. Therefore, the illegal transfer of 4th respondent on deputation to the 2nd respondent department of Municipal Administration as its Chief Engineer would affect all type of the Engineering works related to the Water Supply and Sewerage Works and Operation and Maintenance of the assets created in the Schemes project of Commissionerate of Municipal Administration and the main projects of Water supply and Under Ground Drainage at the interest of public.

r) The 1st respondent has no jurisdiction to post the 4th respondent on deputation as Principal Chief Engineer in the 2nd respondent department as there is no sanctioned post of the Principal Chief Engineer in that office.
s) The 1st respondent ought to have seen that on transferring the 4th respondent from the service of 3rd respondent to the 2nd respondent department, the extension of service in 3rd respondent corporation itself is ceased to exist and how could he be transferred to the 2nd respondent department to the post of Principal Chief Engineer that too the post is not available in the 2nd respondent department.

  1. As the illegal sudden transfer order shocked me and caused untold misery and mental agony, I personally approached the First Respondent and prayed to reverse the illegal transfer order and to restore my legitimate original position in the O/o. Commissionerate of Municipal Administration. But my attempts were ended in vain and therefore I made several representations pointing out the illegality and injustice caused to me to his (1st respondent) higher ups namely: His Excellency Governor of Tamil Nadu, Hon’ble Minister of Home for State Affairs, Government of India, New Delhi. Having realized the injustice inflicted on me they in turn have sent a letter addressed to the Chief Minister, Government of Tamilnadu to sustain the rule of law and to redress my grievances. But no order revising that illegal transfer order was issued so far. The absence of any favorable action to cancel the illegal transfer order and to restore me in to the post of my original legitimate position of Chief Engineer in the O/o, Commissionerate of Municipal Administration, Chennai has compelled me to go for this Writ to Establish the Rule of Law and render Justice to me.
  2. Having no other alternative efficacious remedy, I have come before this Hon’ble Court for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 1st respondent in G.O.(D)No.503, Municipal Administrative and Water Supply (ME.3) Department, dated 20.12.2019 and quash the same and consequently direct to the 1st respondent to restore the petitioner’s original position in the legitimate post of Chief Engineer in the Office of the Commissionerate of Municipal Administration forthwith. As the impugned order is ex-facie illegal, the operation of the same has to be stayed. Otherwise I would be put to irreparable loss and serious hardships. As I am having only the copy of the impugned order, the production of the original has to be dispensed with.
  3. I have not filed any similar Writ Petition before this Hon’ble Court or any other Court seeking very same relief sought for in the present Writ Petition.
  4. It is therefore prayed that this Hon’ble Court may be pleased to issue a WRIT OF CERTIORARIFIED MANDAMUS or any other appropriate Writ or Order or Direction particularly in the nature of Writ, calling for the records pertaining to the impugned order passed by the 1st respondent in G.O.(D)No.503, Municipal Administrative and Water Supply (ME.3) Department, dated 20.12.2019 and quash the same and consequently direct to the 1st respondent to restore the petitioner’s original position in the legitimate post of Chief Engineer in the Office of the Commissionerate of Municipal Administration forthwith, and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.
  5. It is also prayed that this Hon’ble Court may be pleased to STAY the operation of the impugned order passed by the 1st respondent in G.O.(D)No.503, Municipal Administrative and Water Supply (ME.3) Department, dated 20.12.2019, pending disposal of the above Writ Petition and thus render justice.
  6. It is further prayed that this Hon’ble Court may be pleased to DISPENSE WITH the production of original impugned order passed by the 1st respondent in G.O.(D)No.503, Municipal Administration and Water Supply (ME.3) Department, dated 20.12.2019, and thus render justice.

Solemnly affirmed at Coimbatore
on this the 23rd day of June-2020.
The contents of this affidavit
was read out & explained to the
deponent who perfectly understood
the same and signed his name
in my presence.

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