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Full order of THE HONOURABLE MR. T.RAJA, ACTING CHIEF JUSTICE and THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.4789 of 2023 C.Ve.Shanmugam Vs. 1.Election Commission of India, represented by the Chief Election Commissioner of India, Nirvachan Sadan, Ashoka Road, New Delhi – 110 001. 2.Chief Electoral Officer (CEO) & Principal Secretary to Government, State of Tamil Nadu,
by Sekar Reporter · Published February 23, 2023
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5.Public money has been wasted due to adamant behaviour not only of the officer who terminated the services but also due to cantankerous attitude adopted by those responsible for pursuing the litigation before the one or the other authority. They have literally persecuted her. Despite unequal strength the opposite party has managed to survive. We are informed that the opposite party has been reinstated. This was put forward as bonafide conduct of petitioner to persuade us to modify the order in respect of back wages. Facts speak otherwise. Working life of opposite party has been lost in this tortuous and painful litigation of more than twenty years. For such thoughtless acts of its officers the petitioner-society has to suffer and pay an amount exceeding three lakhs is indeed pitiable. But considering the agony and suffering of the opposite party that amount cannot be a proper recompense. We, therefore, dismiss this petition as devoid of any merit and direct the petitioner to comply with the directions of the High Court within the time granted by it. We however leave it open to the society to replenish itself and recover the amount of back wages paid by it to the opposite party from the personal salary of the officers of the society who have been responsible for this endless litigation including the officer who was responsible for terminating the services of the opposite patty. We may clarify that the permission given, shall have nothing to do with the direction to pay the respondent her back wages. Step if any to recover the amount shall be taken only after payment is made to the opposite party as directed by the High Court…. ” No costs. Consequently, the connected Miscellaneous Petition is closed. (S.V.N., J.) (M.S.Q., J.) 12.01.2023 Speaking order/Non-speaking order Index: Yes/No Internet: Yes/No ar S.VAIDYANATHAN, J. and MOHAMMED SHAFFIQ, J. ar PRE-DELIVERY JUDGMENT IN W.A.No.1692 of 2022 12.01.2023
by Sekar Reporter · Published January 14, 2023
