1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(md).No.8382 of 2011 B.Jayamurugan ... Petitioner Vs. 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Panchayat President, Venkittankurichi Panchayat, Venkittankurichi, Paramakudi Taluk, Ramanathapuram. 3.Mrs.S.Gowri, Panchayat Clerk (temporary) Venkittankurichi Panchayat, Venkittankurichi, Paramakudi Taluk, Ramanathapuram. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the 2nd respondent in connection with the impugned order of suspension passed by him in his proceedings Na.Ka.No.Nil/2009 dated 16.11.2009 and consequential temporary appointment of the 3rd respondent in Resolution No.104 dated 25.08.2010 by the 2nd respondent and quash the both as illegal and arbitrary and consequently direct the respondents 1 & 2 to reinstate me in service with all service and monetary benefits within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Thalaimutharasu For respondents : Mr.T.S.Mohamed Mohideen Additional Govt. Pleader O R D E R The petitioner working as Panchayat Clerk of Venkittankurichi Panchayat, Venkittankurichi, Paramakudi Taluk, Ramanathapuram, is placed under suspension on 16.11.2009 by the order of the Panchayat President of the abovesaid Panchayat. Challenging the same and the consequential temporary appointment of the third respondent by virtue of the resolution No.104 dated 25.08.2010 by the 2nd respondent, the petitioner has come forward with this writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 2.On 29.07.2011, when the matter was taken up for hearing, the learned Additional Government Pleader was directed to get instructions as to what action has been taken on the representation of the petitioner dated 06.01.2011 seeking for revocation for suspension, after acquittal from the criminal case in C.C.No.375 of 2009 on the file of the Judicial Magistrate, Paramakudi. Today, on instructions from the second respondent, he submitted that as the petitioner did not submit his explanation, a resolution No.68, dated 18.01.2010 was passed by the Panchayat and consequently by order dated 19.01.2010, the petitioner has been terminated from service. His further submission is that since the present writ petition has been filed challenging the said resolution, is not maintainable and the challenge has become infructuous. 3.Heard the learned counsel for the petitioner and perused the materials on record. 4.The order dated 19.01.2010 of the Panchayat President, Venkittankurichi Panchayat, Venkittankurichi, Paramakudi Taluk, Ramanathapuram, intimating the writ petitioner about the resolution and termination, is extracted hereunder: ehs;:19.01.2010 mDg;g[eh; Cuhl;rp kd;w jiytp, btA;fpl;lhd;Fwpr;rp, \ gukf;Fo xd;wpak;. bgWeh; jpU.Bgh.b$aKUfd;, Cuhl;rp cjtpahsh;, btA;fpl;lhd;Fwpr;rp. bghUs;: btA;fpl;lhd;Fwpr;rp -– Cuhl;rp –- jpU.Bgh.b$aKUfd; - Cuhl;rp cjtpahsh; - epue;ju gzpePf;fk; bra;ag;gl;lJ bjhlh;ghf. ghh;it:1. kJiu cah;ePjpkd;w fpis cj;jut[ (W.P.MD.No.10829 of 2009 & M.P.No.1 of 2009 ehs;:07.12.2009) 2.jA;fsJ tpz;zg;gk; ehs;:21.12.2009. ghh;itapy; fz;l kJiu cah;ePjpkd;w fpis cj;jutpd;goa[k; jA;fsJ tpz;zg;gj;jpd; goa[k; btA;fpl;lhd;Fwpr;rp Cuhl;rp kd;wj;jpy; ghprPyidf;F itf;fg;gl;L jhA;fs; chpa tpsf;fk; https://hcservices.ecourts.gov.in/hcservices/ 3 mspf;fhjjhy;, Cuhl;rp jPh;khdk; vz;.68 ehs; 18.01.2010d; go jhA;fs; btA;fpl;lhd;Fwpr;rp Cuhl;rp cjtpahsh; gzpapypUe;J epue;ju gzpePf;fk; bra;ag;gl;Ls;sPh;fs; vd;gJ njd; Kyk; bjhptpf;fg;gLfpwJ. jiyth;. nizg;g[: 1.jPh;khdk; vz;.68 ehs; 18.11.2010 2.jPh;khdk; vz;.52 ehs;:17.11.2009 5.It is well settled that an order of ad-interim suspension would merge with the final order of termination, whereby the master- servant relationship is snapped. In the case on hand, the petitioner has been terminated from service and therefore, as rightly pointed out by the learned counsel for the respondents 1 & 2, this writ petition has become infructuous. The course open to the petitioner is to challenge the order of termination. 6.Accordingly, this writ petition is dismissed as infructuous. Consequently, connected M.P.Nos.1, 2 and 3 of 2011 are also dismissed. No costs. Sd/- Deputy Registrar (W) /True Copy/ Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Panchayat President, Venkittankurichi Panchayat, Venkittankurichi, Paramakudi Taluk,Ramanathapuram. +one cc to Special Government Pleader, Sr.No. 26564 W.P.(MD).No.8382 of 2011 vs SMA/08.8.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/