25115

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BEFORE THE HON’BLE HIGH COURT OF CHENNAI (Special Original Jurisdiction) M.P.No: /15 In W.P.No:25115/12 P.Chandira, Assistant Engineer, National Highways, Nagercoil is presently working in Nabard and Rural Roads, Panruti. ----Petitioner/Petitioner Verses 1) The State Represented by the Defence Secretary, The Chairman of the “Asoka Chakra Award”&”Padma Award”, North Block,NewDelhi. 2) The State Represented by the Chief Secretary, The Chairman of the “Kalpana Chawla Award”, St.George Fort,Secretariat,Chennai-9. 3) The State Represented by the Secretary, Home Department,St.George Fort, Secretariat,Chennai-9. 4) The State Represented by the Secretary,

Transcript of 25115

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BEFORE THE HON’BLE HIGH COURT OF CHENNAI

(Special Original Jurisdiction)

M.P.No: /15

In

W.P.No:25115/12

P.Chandira,

Assistant Engineer,

National Highways,

Nagercoil is presently working in

Nabard and Rural Roads,

Panruti. ----Petitioner/Petitioner

Verses

1) The State Represented by the Defence Secretary,

The Chairman of the “Asoka Chakra Award”&”Padma Award”,

North Block,NewDelhi.

2) The State Represented by the Chief Secretary,

The Chairman of the “Kalpana Chawla Award”,

St.George Fort,Secretariat,Chennai-9.

3) The State Represented by the Secretary,

Home Department,St.George Fort,

Secretariat,Chennai-9.

4) The State Represented by the Secretary,

Public Department,St.George Fort,

Secretariat,Chennai-9

5) The Director(General),

Highways,Chepauk,Chennai-5.

6) The State represented by the District Collector,

Nagercoil,Kanniyakumari District.

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7) Rajalakshimi,Bhuvanagiri,Cuddalore District.

8) Sivaranjani,Bhuvanagiri,Cuddalore Dt.

9)Mrs.Ponni,former S.P.Erode &Nagapattinam

10) The State Represented by the District Collector,Cuddalore.

11) The State Represented by the Secretary, General,(General-I)

Department, Secretariat, Chennai-9

12) The State represented by Principle Secretary,General,(General-I)

Department, Secretariat, Chennai-9 ------Respondents/Respondents

AFFIDAVIT FILED BY THE PETITIONER

1) I,P.Chandira,Hindu aged about 47 years,is working as an

Assistant Engineer, Highways, Panruti,Cuddalore District and

temporarily come down to Chennai and sincerely and solemnly sworn as

follows:

2) I am the petitioner herein, well acquainted with facts and

circumstances of my case personally well experienced and appearing as

party-in-person. The petitioner was working as an Assistant Engineer in

National Highways, Nagercoil filed above W.P in the year of 2012 to

quash the illegal charge memos created by the third respondent and the

subsequent proceedings of the first respondent. The Hon’ble High Court

admitted and issued notice to the above one to three respondents on

19.01.2015 in W.P.No:1152/15.

3) I am the petitioner herein, well acquainted with facts and

circumstances of my case personally well experienced and appearing as

party-in-person. The petitioner was working as an Assistant Engineer in

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National Highways, Nagercoil filed W.P:25115/ 12 for Kalpana Chawla

Award 2012 and Asoka Chakkra Central Government Award 2012-13

and this Hon’ble High Court issued notice to the respondents from one

to eight on 17.09.2012. The one to eight respondents in

W.P.No:25115/12 failed to submit reply within the stipulated period of

time.

4). The petitioner filed a Writ of Certiorarified Mandamus before

this Hon’ble High Court on 04.12.2014 to get Kalpana Chawla Award

2007, 2012 and 2014 and Central Award Asokka Chakkra or Padma

Award 2013&2015. The case was posted for maintainability on

28.01.2015 before Court Hall No:8. The Hon’ble Lordship sustained

maintainability and advised to submit the resolution process of the

Kalpana Chawla Awards 2007, 2012, 2014 and the selection list of

Padma Award 2015 and 2013.

5) The petitioner submitted the resolution process of Kalpana

Chawla Award 2007, 2012 and 2014 of the second respondent in

additional typed set to prove the malafide act of the selection committee

and the petitioner is the fittest applicant to get the Award 2007, 2012 and

2014 and the selection list of Padma Award 2015 and Asoka Chakkra

Award 2012 dispense petition also submitted before the Hon’ble High

Court. Further the case was posted for maintainability on 05.03.15

before the Court Hall No:8. The Hon’ble Lordship permitted to amend

the prayer, case title and to implead the respondents in

W.P.No:25115/12 and in W.P.No:1152/15.

5) The petitioner humbly prayed that this Hon’ble Court may

please direct the second respondent to recall the Kalpana Chawla Award

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2012 from Mrs.Rajalakshimi and Miss.Sivaranjani and Kalpana Chawla

Award 2014 from Mrs.Ponni and confer the Kalpana Chawla Award

2007,2012 and 2014to the petitioner and thus render justice.

6) The petitioner humbly prayed that this Hon’ble Court may

please direct the second respondent to present the Central Award

Application for the year 2012-13 with the District Collector,Nagercoil

and Central Award Application for the year 2014-15 to present it before

the first respondent in W.P.No:25115/12 and thus render justice.

7) In the above circumstances the petitioner humbly prayed that

this Hon’ble High Court may please to implead the respondents nine to

twelve in the above Writ Petition in W.P.No:25115/12 and thus render

Justice.

8) In the above circumstances the petitioner humbly prayed that

this Hon’ble High Court may please to amend the first respondent as the

Chairman of Asokka Chakkra and Padma Award in the above Writ

Petition in W.P.No:25115/12 and thus render Justice.

9) In the above circumstances,the separate affidavit and dispense

petition filed for the resolution process,G.O resolution process passed

by the Chairman of Kalpana Chawla Award regarding the selection of

Kalpana Chawla Award and consequent G.O.No:712 Dated:13.08.2012

passed by the state represented by the Secretary,General(General-1)

Department and G.O.No: 741 Dated:14.08.2014 passed by the state

represented by the Principle Secretary,General(General-1) Department

and the selection list published by the Chairman of Padma Award 2012-

13 and 2014-15 and Asokka Chakkra Award 2012-13 before this

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Hon’ble High Court. The Hon’ble High Court sustained the

maintainability on 28.01.2014 and corrected as on 05.03.2015 for further

maintainability. The petitioner submitted the first typed set from one to

one hundred and seventy one and the second typed set from one hundred

and seventy two to one hundred and eighty and third typed set from one

hundred and eighty one to two hundred twenty two.

10) In the reasons stated above it is necessary to amend the

direction as follows in the W.P.No:25115/12 affidavit that this Hon’ble

High Court may please to direct the Director(General)

Highways,Chepauk,Chennai-5 and the District Collector, Nagercoil to

serve the copies of their report based upon my representation

Dated:16.06.2012 submitted to the District Collector,Nagercoil for the

Award of “Kalpana Chawla Award”and my representation

dated”10.07.2012 with S.P.Nagercoil Proceedings No:C1/29669

Dated:29.06.2012 submitted to the District Collector,Nagercoil in

Person on 13.07.2012 with prescribed format issued by the sixth

respondent for the Central Government Award “Asokka Chakka Award

2012-13 or Padma Award 2012-13”to the petitioner pending disposal of

W.P.No:25115/12 and thus render Justice.

11) In the reasons stated above it is necessary to amend the direction

as follows in the W.P.No:25115/12 affidavit that this Hon’ble High

Court may please to direct the Selection Committee Chairman,Kalpana

Chawla Award 2007,2012,2014 and the selection Committee Chairman

of Padma Award 2012-13 and 2014-15 or Asokka Chakkra Award not to

grant any effect on his Letter No:14939/General-1/2012-14

Dated:17.07.2012 without considering my application for Kalpana

Chawla Award 2007.Dated:17.04.07,Kalpana Chawla Award

2012,Dated:16.06.2012,Kalpana Chawla Award 2014 Dated:

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20.05.2014,the Central Government Award “Asokka Chakka Award or

Padma Award for the year 2012-13& 2014-15” and the respondents to

recall the Kalpana Chawla Award 2012 from Mrs.Rajalakshimi and

Miss.Sivaranajani and Kalpana Chawla Award 2014 from Mrs.Ponni,the

former Superintendent of Police,Nagapattinam and the petitioner to get

the “State and National Prestigious Award for the year 2007,2012-

13,2014-15”in the facts and the circumstances of case until pending

disposal of W.P.No:25115/12 and thus render Justice.

12). In the reasons stated in the above circumstances the petitioner

humbly prayed that this Hon’ble Court may please to amend the prayer

in the above Writ Petition to call for the records relating to the fourth

respondent’s Proceedings in his Letter No:14939/General-1/2012-14

Dated:17.07.2014 and the consequential report of the fifth and sixth

respondent, resolution process passed by the second respondent

regarding the selection of Kalpana Chawla Award 2007, resolution

process passed by the second respondent regarding the selection of

Kalpana Chawla Award 2012,G.O.No:712 Dated:13.08.2012 passed by

the eleventh respondent, resolution process passed by the second

respondent regarding the selection of Kalpana Chawla Award 2014,

G.O.No:741 Dated:14.08.2014 issued by the twelfth respondent and the

selection list published by the second respondent regarding Padma

Award 2012-13 and 2014-15,Asokka Chakkra Award 2012-13,the

representations submitted by the petitioner to the respondents and

consequently to quash the same and the subsequent illegal proceedings

of the respondents and to grant the State Prestiege Award, Kalpana

Chawla Award 2007,2012,2014,the National Prestige Award Padma

Award or Asokka Chakkra for the year 2012-13&2014-15 to the

petitioner and pass such other order or further order as this Hon’ble

Court may deem fit and proper in the facts and circumstances of the case

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with the damaged remedy, loss and consequential benefits and thus

render justice.

Solemnly affirmed at Chennai and signed

in my Presence on this 27th day of March-15 Petitioner-in-Person

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AFFIDAVIT FILED BY THE PETITIONER

1) I,P.Chandira,Hindu aged about 47 years,is working as an

Assistant Engineer, Highways, Panruti,Cuddalore District and

temporarily come down to Chennai and sincerely and solemnly sworn as

follows:

2) I am the petitioner herein, well acquainted with facts and

circumstances of my case personally well experienced and appearing as

party-in-person. The petitioner was working as an Assistant Engineer in

National Highways, Nagercoil filed above W.P for Kalpana Chawla

Award 2012 and Asoka Chakkra Central Government Award 2012-13

and this Hon’ble High Court issued two weeks returnable notice to the

respondents from one to eight on 17.09.2012. The one to eight

respondents failed to submit reply within the stipulated period of time.

3) The petitioner filed a Writ of Certiorarified Mandamus before

this Hon’ble High Court on 04.12.2014 to get Kalpana Chawla Award

2007, 2012 and 2014 and Central Award Asokka Chakkra or Padma

Award 2012-13&2014-15. The case was posted for maintainability on

28.01.2015 before Court Hall No:8. The Hon’ble Lordship sustained

maintainability and advised to submit the resolution process of the

Kalpana Chawla Awards 2007, 2012, 2014 and the selection list of

Padma Award 2014-15 and 2012-13.

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4) The petitioner submitted the resolution process of Kalpana

Chawla Award 2007, 2012 and 2014 of the second respondent in

additional typed set to prove the malafide act of the selection committee

and the petitioner is the fittest applicant to get the Award 2007, 2012 and

2014 and the selection list of Padma Award 2015 and Asoka Chakkra

Award 2012 dispense petition also submitted before the Hon’ble High

Court. Further the case was posted for maintainability on 05.03.2015

before the Court Hall No:8. The Hon’ble Lordship permitted to amend

the prayer, cause title and to implead the respondents in

W.P.No:25115/12 and in W.P.No:1152/15.

5) The petitioner humbly prayed that this Hon’ble Court may

please direct the second respondent to recall the Kalpana Chawla Award

2012 from Mrs.Rajalakshimi and Miss.Sivaranjani and Kalpana Chawla

Award 2014 from Mrs.Ponni and confer the Kalpana Chawla Award

2007,2012 and 2014to the petitioner and thus render justice.

6) The petitioner humbly prayed that this Hon’ble Court may

please direct the second respondent to present the Central Award

Application for the year 2012-13 which is available with the District

Collector,Nagercoil and Central Award Application for the year 2014-15

with the District Collector,Cuddalore to present it before the first

respondent and thus render justice.

7) In the above circumstances the petitioner humbly prayed that

this Hon’ble High Court may please to implead the respondents nine to

twelve in the above Writ Petition and thus render Justice.

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8) In the above circumstances the petitioner humbly prayed that

this Hon’ble High Court may please to amend the first respondent as the

Chairman of Asokka Chakkra and Padma Award in the above Writ

Petition and thus render Justice.

9) The separate affidavit and dispense petition filed for the

resolution process,G.O resolution process passed by the first respondent

regarding the selection of Kalpana Chawla Award and consequent

G.O.No:712 Dated:13.08.2012,G.O.No:741 Dated:14.08.2014,the

selection list published by the second respondent regarding Padma

Award 2012-13 and 2014-15 and Asokka Chakkra Award 2012-13

before this Hon’ble High Court. The Hon’ble High Court sustained the

maintainability on 28.01.2014 and corrected as on 05.03.2015 for further

maintainability. The petitioner submitted the first typed set from one to

one hundred and seventy one and the second typed set from one hundred

and seventy two to one hundred and eighty and third typed set from one

hundred and eighty one to two hundred twenty two.

10) In the reasons stated in the above the petitioner humbly

prayed that this Hon’ble Court may please to amend the prayer in the

above Writ Petition to call for the records relating to the resolution

process passed by the second respondent regarding the selection of

Kalpana Chawla Award and consequent G.O.No:712 Dated:13.08.2012

and G.O.No:741 Dated:14.08.2014 issued by the fourth respondent and

the selection list published by the second respondent regarding Padma

Award 2012-13 and 2014-15,Asokka Chakkra Award 2012-13 and the

representations submitted by the petitioner to the respondents to quash

the illegal proceedings of the respondents and consequently grant the

Kalpana Chawla Award 2007,2012,2014,Centrl Government Award

2012-13&2014-15 to the petitioner and pass such other order or further

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order as this Hon’ble Court may deem fit and proper in the facts and

circumstances of the case with the damaged remedy, loss and

consequential benefits and thus render justice.

Solemnly affirmed at Chennai and signed

in my Presence on this 27th day of March-15 Petitioner-in-Person