V.Nallamuthu v. The Additional Director Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.10.2017
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.11458 of 2014 and M.P.Nos.1 & 2 of 2014 V.Nallamuthu ..Petitioner vs
1. The Additional Director of Survey Chepauk, Chennai - 600 005.
2. The Assistant Director of Survey Cuddalore, Cuddalore District.
3. The Tahsildar, Panruti Taluk, Panruti, Cuddalore District.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 2nd respondent in his proceedings No.R.C.No.A3/7327/2009, dated 18.09.2009, Proc.No.R.C.No.A3/7327/2009 dated 24.12.2010 and the Proc.No.O.Mu.447/2014 dated 29.1.2014 and quash the same and direct the respondents to settle the terminal benefits to the petitioner such as Death-cum-Retirement Gratuity, encashment of earned leave, commutation of pension, Special provident fund, General Provident Fund and difference in hike in the enhanced dearness allowance For Petitioner : Mr.P.Ganesan for M/s.C.S.Associates For Respondents: Mr.R.Vijaya Kumar Additional Government Pleader
O R D E R
The order of suspension and the order retaining the services of the writ petitioner under Rule 56(1)(c) of the Fundamental Rules are under challenge in this writ petition.
2. The writ petitioner was appointed as Field Assistant in the Revenue Department in the year 1983 under U.D.R.Scheme. Thereafter, he was promoted as Surveyor in 1988 and as Firka Surveyor on 29.5.2009. The writ petitioner was due to retire from service on 31.12.2010 on attaining the age of superannuation. However, he was placed under suspension with effect from 18.9.2009 on the ground that he was arrested and remanded on account of registration of a criminal case by the Department of Vigilance and Anti- Corruption. 3.The learned counsel appearing for the writ petitioner made a submission that the criminal case is still pending and yet to be disposed of.
Under these circumstances, now the order of suspension as well as the order retaining the services of the writ petitioner cannot be revoked and the grounds raised in this writ petition shall be considered only after final disposal of the criminal case registered against the petitioner by the Department of Vigilance and Anti-Corruption. All the grievances of the writ petitioner can be addressed only after the final disposal of the criminal case, which is pending against the writ petitioner.
4.Thus, no further adjudication is required on the grounds raised in this writ petition. Accordingly the writ petition stands dismissed. Consequently, connected miscellaneous petitions are closed. However, there shall be no order as to costs.
s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar ms To 1.The Additional Director of Survey Chepauk, Chennai - 600 005.
2. The Assistant Director of Survey Cuddalore, Cuddalore District.
3. The Tahsildar, Panruti Taluk, Panruti, Cuddalore District.
+1 cC to M/s.C.S.Associates, sr 73859.
+1 CC to Govt. Pleader sr 74418.
W.P.No.11458 of 2014 SP(10/11/2017)