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W.P.No.41316 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.10.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.41316 of 2025 and W.M.P.Nos.46258 and 46260 of 2025 S.Ramachandran
... Petitioner -Vs-
1. The Director, Department of Social Justice and Empowerment, No.300, Purasaiwalkkam High Road, Vepery, Chennai – 600 010.
2. The Deputy Director (Scheme), Department of Social Justice and Empowerment, No.300, Purasaiwalkkam High Road, Vepery, Chennai – 600 010.
3. The Superintendent, Government Children Home, Royapuram, Chennai – 600 013.
4. The Superintendent, Government Children Home, Villupuram.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India https://www.mhc.tn.gov.in/judis
W.P.No.41316 of 2025 praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the first respondent pertaining to her proceedings No.785/2024-A3/I/316951/ 2025 and quash the order dated 08.07.2025 and consequently direct the respondents to treat the period of suspension between 05.10.2017 to 14.06.2018 as duty period eligible for full salary and all other service benefits including his promotion etc.,. For Petitioner : Mr.R.Sivakumar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
ORDER This writ petition has been filed challenging the order passed by the first respondent in proceedings No.785/2024-A3/I/316951/2025 dated 08.07.2025, thereby imposing punishment of stoppage of increment for a period of three months without cumulative effect.
2. Heard the learned counsel on either side and perused the materials available on record.
3. A perusal of the order passed by the first respondent dated 08.07.2025 reveals that there is an appeal remedy against the order passed by the first respondent before the appellate authority, within a https://www.mhc.tn.gov.in/judis
W.P.No.41316 of 2025 period of 60 days. However, the petitioner, without exhausting the appellate remedy, challenged the order passed by the first respondent, on the ground that the first respondent without considering the directions, simply passed an order with the same verbatim.
4. When an appeal remedy is very much available, the writ petition can be entertained only on the ground of violation of Principles of Natural Justice, if the order is passed without any jurisdiction or if the
order is passed with a malafide intention. However, in this case, there is no violation in the impugned order. Therefore, the writ petition is not maintainable.
5. In view of the above, this Court finds no infirmity or illegality in the order passed by the first respondent in proceedings No.785/2024- A3/I/316951/2025 dated 08.07.2025 and the writ petition is devoid of merits and is liable to be dismissed.
6. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. However, the https://www.mhc.tn.gov.in/judis
W.P.No.41316 of 2025 petitioner is at liberty to file an appeal before the appellate authority, within a period of two weeks from the date of receipt of a copy of this
order. On receipt of the same, the appellate authority is directed to dispose of the appeal, after giving an opportunity of hearing to the petitioner, within a period of twelve weeks thereafter. 30.10.2025 Internet: Yes Index : Yes/No Neutral Citation: Yes/No Speaking/Non Speaking order mn https://www.mhc.tn.gov.in/judis
W.P.No.41316 of 2025 To
1. The Director, Department of Social Justice and Empowerment, No.300, Purasaiwalkkam High Road, Vepery, Chennai – 600 010.
2. The Deputy Director (Scheme), Department of Social Justice and Empowerment, No.300, Purasaiwalkkam High Road, Vepery, Chennai – 600 010.
3. The Superintendent, Government Children Home, Royapuram, Chennai – 600 013.
4. The Superintendent, Government Children Home, Villupuram. https://www.mhc.tn.gov.in/judis
W.P.No.41316 of 2025 G.K.ILANTHIRAIYAN. J, mn W.P.No.41316 of 2025 30.10.2025 https://www.mhc.tn.gov.in/judis