IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:22.4.2008 CORAM THE HONOURABLE MR.JUSTICE ELIPE DHARMA RAO AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL WRIT APPEAL NO.1028 OF 2007 and M.P.No.2 of 2007 1.The Director of Medical and Rural Health Services (In charge) D.M.S.Compound, Teynampet Chennai 600 006 2.The Director of Medical and Rural Health Services D.M.S.Compound, Teynampet Chennai 600 006 3.The Joint Director of Health Services Tiruvarur Tiruvarur District 4.The Medical Officer Government Hospital Needamangalam Tiruvarur District ..Appellants/Respondents vs. Mrs.D.Shanthi ..Respondent/Respondent Writ Appeal is filed against the order dated 26.4.2006 made in W.P.No.29477/2005. Petition presented under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the entire records in connection with the impugned order passed by the first respondent in Ref.No.62055/N1/2/05, dated 9.7.2005, and quash the same with the consequential direction, directing the respondents to reinstate the petitioner to service by treating the period as duty with all attendant and monetary benefits. https://hcservices.ecourts.gov.in/hcservices/ for appellants : Mr.S.Gopinathan, A.G.P. for respondent : No appearance ............ JUDGMENT (Judgment of the Court was delivered by ELIPE DHARMA RAO,J.) Against the order of termination of the services of the petitioner as per the terms and conditions of the appointment on contract basis when the writ petitioner indulged in corruption and a criminal case was registered, the writ petition was filed. The learned single judge accepting the arguments of the learned counsel for the petitioner that by virtue of the order of dismissal the petitioner was terminated from service and therefore she is not entitled for future rights in Government service, allowed the writ petition. Against which the present writ appeal is filed. 2. The writ appeal has been admitted and though notice was served on the petitioner, the petitioner has not chosen to appear either in person or through counsel to represent the case. Therefore, we consider it appropriate that the petitioner is not interested in the matter. However, the order of termination is based on the ground of involvement in a criminal case and therefore, if the petitioner succeeds in the criminal case, she can make a representation for reinstatement. Therefore, we see no reason to set aside the order of termination as per the conditions of the appointment. The order of the learned single judge is set aside. 3. The writ appeal is allowed. No order as to costs. Consequently, connected pending miscellaneous petition is disposed of. sal Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. https://hcservices.ecourts.gov.in/hcservices/ To 1.The Director of Medical and Rural Health Services (In charge) D.M.S.Compound, Teynampet Chennai 600 006 2.The Director of Medical and Rural Health Services D.M.S.Compound, Teynampet Chennai 600 006 3.The Joint Director of Health Services Tiruvarur Tiruvarur District 4.The Medical Officer Government Hospital Needamangalam Tiruvarur District 1 cc to the Government Pleader, SR.22954 ksk (co) dv/28.5. W.A.No.1028/2007 & M.P.No.2 of 2007 https://hcservices.ecourts.gov.in/hcservices/