R.Sudharsan v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2025
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN R.Sudharsan .. Petitioner Vs.
1.The Principal Secretary, Tourism Culture & Religious, Endowments Department, Fort St.George, Chennai 600 009.
2.The Commissioner, Hindu Religious and Charitable, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.
.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of allowing retirement to the petitioner from the Government service on the attainment of the age of superannuation in G.O. (Rt) No.282 TC and RE (RE2-2) Dept., dated 30.09.2024 issued by the 1st Respondent for the examination of the incorrectness and illegality of the imposed condition of "Subject to Liability" in the retirement order by withholding pensionary benefits of the petitioner till the rectification of 1/6
defects disclosed in Audit with regard to certain Religious Institutions where the petitioner served ad quash the same and in consequence thereof direct the 2nd respondent to rectify the defects disclosed in audit by holding a fair enquiry independently.
For Petitioner : Mr.R.Sudharsan - Party in person.
For Respondents : Mr.S.Ravichandran Additional Government Pleader (HR & CE)
ORDER
The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking a relief relating to the order permitting the retirement of the petitioner on attaining superannuation in G.O. (Rt) No.282 TC and RE (RE2-2) Dept., dated 30.09.2024, issued by the first respondent for examination of the condition "subject to the liability" in the impugned order by withholding pensionary benefits of the petitioner till the rectification of the defects with regard to certain religious institutions, where the petitioner served and to quash the impugned order.
2.In the affidavit filed in support of the writ petition, it had been 2/6
contended that the petitioner had been appointed as Assistant Commissioner in the Tamil Nadu Hindu Religious and Charitable Endowments Department and joined service on 05.03.1996. He was then promoted to the post of Deputy Commissioner and later to Joint Commissioner. Thereafter, a charge memo was issued to him. This resulted in the promotion of his juniors to higher post overlooking the petitioner. The petitioner had taken up that particular issue by filing a separate writ petition. It had been further stated that the petitioner came to know that there was an audit objection in Arulmigu Subramania Swamy Temple, at Tiruchendur, wherein the petitioner was discharging the work. It had also been stated that various proceedings had been initiated by the respondents consequent to the audit objections. Those proceedings are pending enquiry.
In the meanwhile, petitioner attained the age of superannuation. He was permitted to retire, on the condition "subject to liability", namely, the respondents retained a lien over the retirement and terminal benefits payable to the petitioner and adjust the same if loss is pointed out as suffered by the respondents in the audit in their enquiry. The issue had therefore narrowed down to payment of the retirement benefits to the petitioner herein.
3.In the previous hearing date, on 05.03.2025, this Court had directed that the representation given by the petitioner should be examined and a specific reply should be given and that terminal benefits which are pending to the petitioner should be determined by the respondents. Today, a copy of the proceedings dated 17.03.2025, in letter No.9732321/HR2-2/2025-1, had been produced on behalf of the respondents, wherein, a calculation had been made about the retirement benefits payable to the petitioner herein. This in fact answers the averments made in the writ petition. The other proceedings relating to the audit objections in various temples where the petitioner functioned are independent of this particular writ petition and are subject matters of other proceedings.
The petitioner's grievance, namely, the retirement benefits must be determined, has been addressed by the respondents. The copy of those proceedings dated 17.03.2025 had also been handed over to the petitioner in Court today. It should also be stated that the petitioner is appearing as party in person.
petitioner today in open Court.
4.No further orders are required and the writ petition stands disposed of. No costs. Consequently, connected writ miscellaneous petitions, if any, are also closed.
20.03.2025 sli Index:Yes/No Internet:Yes/No To 1.The Principal Secretary, Tourism Culture & Religious, Endowments Department, Fort St.George, Chennai 600 009.
2.The Commissioner, Hindu Religious and Charitable, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034.
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C.V.KARTHIKEYAN,J.
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