Madras High Court
WP/2402/2026 of J.Suresh Kumar Vs Judicial Department on 11 November 2026
W.P.No.2402 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-11-2026
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN
AND
THE HONOURABLE MR.JUSTICE E.MANOHARAN
W.P.No.2402 of 2026
CNR:{HCMA010034032026}
and
WMP No. 2642 of 2026
J.Suresh Kumar,
S/o. S. Jayabal,
No.32, Chinnakovilpathu Pet,
Thalatheru Post,
Karaikal-609 605.
… Petitioner
vs.
1. Judicial Department,
Chief Judge, Government of
Puducherry, Puducherry.
2.The District Judge,
Karaikal
… Respondents
P rayer:
Writ Petition has been filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the 1st respondent dated 16.09.2025 in proceedings No.1299/CJ/PY/A/2025 and order of the 2nd respondent dated 22.09.2025 in Ref. No.
291/JUD/DJ/ESTT./KKL/2025 and to quash the same and consequently direct the respondents to permit the petitioner to be relieved from service consequent to his resignation letter dated 14.12.2022.
(Prayer amended as per order dated 21.09.2026 in W.M.P.No.42773 of 2026 in W.P.No.2402
of 2026 BY SMSJ AND KGRJ)
Page Nos.1/6
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W.P.No.2402 of 2026
For Petitioner:
Mr.Yeshwanth Sharma.P,
for Mr.T.Sai Krishnan
For Respondents:
Mrs.Karthika Ashok
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ORDER
(Order of the Court was made by G.Jayachandran J.) The petitioner was appointed as Senior Clerk in the Judicial Department, Union Territory of Puducherry on 06.11.2014 and tendered their resignation on 14.12.2022. Initially, the resignation letter was accepted by the Judicial Department, Government of Puducherry, however, it was kept abeyance due to administrative reasons. Later, the petitioner was directed to settle all the Government and non-government dues and produce ‘No Dues Certificate’ for getting relieved from service.
2. The petitioner contends that the relieving order was kept in abeyance without assigning any reasons and furthermore the dues payable is not payable to the Government but loan availed from Co-operative Societies for which the petitioner has personal liability to repay. Therefore, for non-payment of dues payable to the Co-operative Society, his resignation cannot be kept in abeyance or rejected, such condition tantamounts to forcing the petitioner to continue in service contrary to his wish and fundamental rights. Page Nos.2/6
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W.P.No.2402 of 2026
3. The Learned Counsel appearing for the 1st respondent submitted that the petitioner has availed loan from the Karaikal Staff Co-operative Society with an undertaking that the 1st respondent will recover E.M.I from his salary and pay to the Society. Having committed to recover the loan amount and pay to the Society, the 1st respondent cannot shift his responsibility and permit the petitioner to get relieved from service without clearing the dues. The details of the loan and the letter given by the petitioner to the Drawing and Disbursing Officer to deduct the loan in installments from his salary are furnished for perusal.
4. The undertaking given by the petitioner and the statutory responsibility of the employer to recover the loan from the salary prohibit the 1st respondent from relieving the petitioner without obtaining ‘No Dues Certificate’ from the Society. Therefore, we find no merit in entertaining this Writ Petition. It is open to the petitioner herein to clear the loan and get ‘No Dues Certificate’ from the respective society and submit it to the authorities. On production of the No Dues Certificate, the request of the petitioner should be considered afresh on merits and necessary orders to be passed in accordance with law. Page Nos.3/6
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W.P.No.2402 of 2026
5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. (Dr. G.JAYACHANDRAN, J.) & (E.MANOHARAN J.) 11-11-2026 Index :Yes/No. Speaking/Non-speaking order Internet :Yes. Neutral Citation :Yes/No. bsm Page Nos.4/6
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W.P.No.2402 of 2026 To
1. Judicial Department, Chief Judge, Government of Puducherry, Puducherry.
2. The District Judge, Karaikal. Page Nos.5/6
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W.P.No.2402 of 2026 Dr. G.JAYACHANDRAN J. AND E.MANOHARAN J. bsm W.P.No.2402 of 2026 and W.M.P.No.2642 of 2026 11-11-2026 Page Nos.6/6
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