1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P(MD)Nos.2690 and 2691 of 2011 and M.P.(MD)Nos.1,1,2 and 2 of 2011 1.S.Alagarsamy .. Petitioner in W.P(MD)No.2690 of 2011 2.A.Ferdinando .. Petitioner in W.P(MD)No.2691 of 2011 Vs. 1.The Senior Regional Manager, TASMAC, Madurai. 2.The District Manager, TASMAC, Tirunelveli District. .. Respondents in both WPs PRAYER IN BOTH W.Ps.: Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the proceedings of the first respondent made in Na.Ka.No.1135/11/A dated 01.03.2011 and quash the same and pass such further or other orders. For Petitioners : Mr.M.Suresh Kumar For Respondents : Mr.J.Ravindran C O M M O N O R D E R These two writ petitions have been filed challenging the impugned proceedings of the first respondent dated 01.03.2011, in any by which, the first respondent has cancelled the order of the second respondent and reverted them to the post of bar supervisors. 2.It is the case of the petitioner in W.P.No.2690 of 2011 that he was appointed as a shop supervisor by the proceedings of the second respondent. During his employment a case was registered in Crime No.59 of 2010 on the file of Melapalayam Police Station, Tirunelveli. The case ended in acquittal. Later, the petitioner approached the second respondent, who is an appointing authority to take him back into service. The second respondent, while taking back him into service appointed him as a bar supervisor of shop No.10864 during April 2010. The petitioner accepted the said post of bar supervisor to avoid conflict with his employer. Thereafter, the second respondent by his order dated 22.02.2011 has appointed him as shop supervisor for TASMAC Shop No.10670. While he was performing the said duty, the first respondent has cancelled the order of the second respondent and again reverted him to the post of bar supervisor and attached him to shop NO.10864. The said order is under challenge in the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3.As far as the writ petition in W.P.No.2691 of 2011 is concerned, it is contested by the said petitioner that he was also appointed as shop supervisor and he was also involved in the same case as that of the petitioner in the other writ petition. After acquittal, he was appointed as a bar supervisor by the proceedings of the second respondent. By proceedings dated 22.02.2011 of the second respondent he was again appointed as shop supervisor. The first respondent has cancelled the order of the second respondent and again reverted him to the post of bar supervisor. Hence, he has come with the said writ petition challenging the said order. 4.The learned counsel appearing for the petitioner mainly contended that when once the petitioners were taken in service as shop supervisors by the proceedings of the second respondent, the same cannot be unilaterally cancelled by the first respondent, that too, without notice to the petitioner. 5.The learned counsel appearing for the respondents is unable to point out from the impugned order of the first respondent that the said order came to be passed by the first respondent after due notice to the petitioners and after hearing the petitioners. 6.In view of the above stated position, I am inclined to set aside the order of the first respondent dated 01.03.2011 and the writ petitions stand allowed. However, if the first respondent intend to take any action against the petitioners, he is at liberty to do so, after due notice to the petitioners and after enquiry. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar (LA) /True copy/ Assistant Registrar To 1.The Senior Regional Manager, TASMAC, Madurai. 2.The District Manager, TASMAC, Tirunelveli District. +1cc to Mr.J.Ravindran, Advocate SR.11730 +1cc to Mr.M.Suresh Kumar, Advocate SR.5499 MPK SR : 09.03.2011 : 2p/5c : IT COMMON ORDER MADE IN W.P(MD)Nos.2690 and 2691 of 2011 08.03.2011 https://hcservices.ecourts.gov.in/hcservices/