P.Jagannathan v. The Commissiioner, Hindu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.15020 of 2012 and M.P.No.1 of 2012 P.Jabannathan S/o.Palaniappan ... Petitioner Vs.
1. The Commissioner, Hindu Religious & Charitable Endowment Nungambakkam, Chennai - 34.
2. The Assistant Commissioner, Hindu Religious & Charitable Endowment
3. The Joint Commissioner, Hindu Religious & Charitable Endowment, Head Office, Nungambakkam, Chennai -34.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus, calling for records relating to 3rd respondent's proceedings made in Na.Ka.No.23060/2012/P.4 dated 14.05.2012, to quash the same and consequently direct the respondents to revise and refix the pay and other allied service benefits by effecting the modified punishment of the 1st respondent made in Se.Mu.Na.Ka.3893/2008/P4 dated 05.02.2011 for 1/5
stoppage of increment for a period of three years without cumulative effect from the date of imposition of the original punishment and to extend all benefits both service and monetary. For Petitioner :
Ms.N.R.Jasmine Padma For Respondents :
Mr.K.Karthikeyan Government Advocate [H.R & C.E] ******
ORDER
This writ petition is filed challenging the order dated 14.05.2012 and consequently direct the respondents to revise and refix the pay and other allied service benefits by effecting the modified punishment dated 05.02.2011.
2. A counter affidavit has been filed, in which, it has stated that in paragraph 5 as follows:
"5. It is submitted that in pursuance thereof, as directed by this Hon'ble Court, the 1st respondent herein conducted enquiry into the disciplinary proceedings and passed orders in Proc.Rc.No.3893/2008 B4 dated 05.02.2011 imposing punishment of stoppage of increment for a period of 3 years without cumulative effect. It is also 2/5
submitted that subsequently, the period of absence of the petitioner was regularized by the Assistant Commissioner, H.R & C.E., Admn. Department, Salem in Proc. Rc.No.3909/1996 A2 dated 10.10.2011. It is submitted that the following monetary benefit has been settled to the petitioner as detailed below:
Sl.
No.
Details Bill Gross and Net Amount Date of Settlement Treasury 1.
Increment Arrears from 01.07.1996 to 31.12.2006.
Rs.1,09,995/- 07.08.2012 Distruct Huzur Treasury, 2.
Leave Salary/Duty Pay from 12.08.1996 to 30.06.1998 Rs.27,639/- Rs.24,399/- 10.08.2012 District Huzur Treasury, 3.
6th Pay Commission, Pay Fixation Arrears.
Rs.5,40,494/- 10.08.2012 District Huzur Treasury, 4.
6th Pay Commission, Revised Pay Fixation Arrears.
Rs.1,13,505/- 10.02.2015 District Huzur Treasury, 5.
Increment Arrears from 01.07.2014 to 30.11.2014 Rs.21,862/- 06.04.2015 District Huzur Treasury, Since the grievance of the petitioner has been settled, nothing survives for adjudication and the writ petition has also become infructuous."
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3. Recording the above averments, this writ petition is dismissed as having become infructuous. No costs. Connected miscellaneous petition is closed.
26.02.2024 Index: Yes Speaking Order: Yes mp To
1. The Commissioner, Hindu Religious & Charitable Endowment Nungambakkam, Chennai - 34.
2. The Assistant Commissioner, Hindu Religious & Charitable Endowment
3. The Joint Commissioner, Hindu Religious & Charitable Endowment, Head Office, Nungambakkam, Chennai -34.
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D.BHARATHA CHAKRAVARTHY, J.
mp 26.02.2024 5/5