W.P.No.8481 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2020 CORAM THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.No.8481 of 2020 and W.M.P.No.10230 of 2020 L.Chinnathambi,W.P.No.8481 of 2020 Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the entire records pertaining to the issuance of order Na.Ka.No.1843/E4/2013, dated 13.03.2020 (served on 25.03.2020) by the 3 rd respondent herein and quash the same and consequently direct the respondents herein to reappoint the petitioner in the permanent post of mazdoor (field worker) in Dharmapuri District with all benefits. For Petitioner : Mrs.C.Umashankar For Respondents : Mr.J.Ramesh Additional Government Pleader ORDER10, 14:25] Sekarreporter 1: W.P.No.8481 of 2020 14.A copy of the order is directed to be furnished to Mr.J.Ramesh, Additional Government Pleader who is inturn is directed to inform the third respondent of this order marking a copy to him, forthwith. Mr.P.S.Siva Sanmugasundaram, the learned Special Government Pleader, who appeared before Division Bench is also directed to explain as to why correct facts were not placed before the Division Bench when he appeared for the appellants/Department, when the learned Division Bench passed the order on 24.09.2019. 15.The Registry is directed to serve a copy of this order to Mr.P.S.Siva Sanmugasundaram, the learned Special Government Pleader. 08.07.2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2020
CORAM
THE HONOURABLE THIRU JUSTICE V. PARTHIBAN
W.P.No.8481 of 2020
and
W.M.P.No.10230 of 2020
L.Chinnathambi,
S/o.Lakshmanan,
Kariyappanahalli,
Palavadi Post, via Papparappati,
Pennagaram Taluk,
Dharmapuri District. … Petitioner
Vs.
1.The Secretary to Government,
Department of Public Healthcare
& Family Welfare,
Fort St.George, Chennai – 9.
2.The Director of Public Health &
Preventive Medicine,
Chennai – 6.
3.The Deputy Director of Health
Service,
Dharmapuri District. … Respondents
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Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus, calling for the
entire records pertaining to the issuance of order Na.Ka.No.1843/E4/2013,
dated 13.03.2020 (served on 25.03.2020) by the 3
rd respondent herein and
quash the same and consequently direct the respondents herein to reappoint
the petitioner in the permanent post of mazdoor (field worker) in
Dharmapuri District with all benefits.
For Petitioner : Mrs.C.Umashankar
For Respondents : Mr.J.Ramesh
Additional Government Pleader
ORDER
(The matter is taken up through web hearing)
The writ petition has been filed challenging the order of the third
respondent dated 13.03.2020 terminating the petitioner from service. Brief
facts are necessary necessitating the grant of extraordinary interim order and
also proposing to take action against the third respondent for his
contemptuous conduct.
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12.In the above circumstances, this Court is constrained to stay the
impugned order of termination dated 13.03.2020 of the third respondent, as
the order, in the prima facie opinion of this Court, is a nullity. Accordingly,
the impugned order of termination dated 13.03.2013 is stayed, with a
direction to restore the employment of the petitioner, forthwith.
13.In view of the contemptuous conduct, the third respondent, viz.,
the Deputy Director of Health Service, Dharmapuri District, is directed to
appear before this Court through Video Conference on 15.07.2020, without
fail. This Court is constrained to pass this order, despite the Covid-19
situation, as the crass conduct of the third respondent is too serious and
deprecatory, displaying officious supercilious disposition to be ignored by
this Court and deferred. The third respondent is directed to explain in
writing as to on what basis the impugned order was passed by him.
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14.A copy of the order is directed to be furnished to Mr.J.Ramesh,
Additional Government Pleader who is inturn is directed to inform the third
respondent of this order marking a copy to him, forthwith. Mr.P.S.Siva
Sanmugasundaram, the learned Special Government Pleader, who appeared
before Division Bench is also directed to explain as to why correct facts
were not placed before the Division Bench when he appeared for the
appellants/Department, when the learned Division Bench passed the order
on 24.09.2019.
15.The Registry is directed to serve a copy of this order to
Mr.P.S.Siva Sanmugasundaram, the learned Special Government Pleader.
08.07.2020
nsd/msk
Index : Yes/No
Internet : Yes/No
NOTE: Issue copy of this order on 09.07.2020.
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