Case Note & Summary
The writ petitions WP No. 33154 of 2023 and WP No. 33158 of 2023 were filed under Article 226 of the Constitution of India by N. Malliga and P. Mary Therasa, respectively, challenging the orders of dismissal from service issued by the Director of Social Welfare and Women Empowerment Department. The petitions sought to quash the impugned orders dated 18.05.2023 and 29.06.2022, and to direct the respondents to permit the petitioners to retire from service with all attendant benefits. The learned Government Advocate submitted that disciplinary proceedings had been initiated following a suspension order, resulting in the petitioners' dismissal on 26.03.2025. The court noted that due to this subsequent development, the writ petitions were rendered infructuous and thus dismissed. However, the petitioners were granted liberty to challenge the final dismissal orders if they chose to do so. The court concluded with no costs and closed the connected miscellaneous petitions. The judgment was delivered on 13-08-2026.
Headnote
A) Administrative Law - Writ Jurisdiction - Dismissal of Service - Article 226 of the Constitution of India - The petitioners challenged the orders of dismissal from service but subsequent disciplinary proceedings led to their dismissal, rendering the petitions infructuous. The court dismissed the petitions but allowed the petitioners the liberty to challenge the final dismissal orders if advised. (Paras 1-4)
Issue of Consideration
Whether the writ petitions challenging the dismissal orders were maintainable after subsequent developments.
Final Decision
The court dismissed the writ petitions as infructuous due to subsequent disciplinary proceedings resulting in the petitioners' dismissal from service. The petitioners were granted liberty to challenge the final orders if advised.
Law Points
- Writ jurisdiction
- Article 226
- disciplinary proceedings
- dismissal from service
