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Madras High CourtWP/6809/2024disposed of

K.Ramani v. The Government Of Tamilnadu

2024-03-18Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.7597, 7598 & 7601 of 2024 K.Ramani

...Petitioner

-Vs1.The Government of Tamil Nadu rep. By its Additional Chief Secretary Finance (T&A-II) Department Secretariat, Chennai -600 009.

2.The Principal Secretary to Government Social Welfare and Nutritious Meal Programme Department Secretariat, Chennai - 600 009.

3.The Director of Social Welfare and Women Empowerment Department Saidapet, Chennai - 15.

4.The Director cum Mission Director of ICDS Tharamani, Chennai - 113.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the first respondent in Government Letter No.23524/KaKa2/2017-9, dated 17.05.2018 and quash the same and consequently direct the 2nd respondent to confer all the retirement and service benefits to the petitioner with due regards to petitioner's seniority. For petitioner : Mr.R.S.Anandan For respondents : Mrs.U.M.Ravichandran Special Government Pleader

ORDER

This writ petition has been filed challenging the Government Letter No.23524/KaKa-2/2017-9, dated 17.05.2018 and consequently direct the 2nd respondent to confer all the retirement and service benefits to the petitioner with due regards to petitioner's seniority.

2. The petitioner had joined the service through the employment exchange as Auxiliary Nurse Midwife on 20.04.1992 subsequently she was promoted to the post of Supervisor Grade-I on 29.09.2011. While being so, she was served with charge memo. On receipt of the same, the petitioner 2/6

submitted representation dated 27.10.2022. However, without satisfying the explanation submitted by the petitioner, disciplinary proceedings were initiated as against the petitioner and the petitioner was served with enquiry report. On receipt of the said enquiry report, the petitioner submitted her explanation. However, the disciplinary authority did not pass any final order. The petitioner attained his age of superannuation on 31.05.2023. Therefore, the petitioner was placed under suspension by an order dated 18.05.2023 and she was not allowed to retire from her service.

3. In view of the above, the disciplinary authority is directed to complete the disciplinary proceedings and pass final order in the case of the petitioner within the period of eight weeks from the date of receipt of copy of this order. Further, the petitioner is entitle for subsistence allowance. 3/6

4. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs. 18.03.2024 Index : Yes/No Speaking/Non-Speaking order gvn 4/6

To 1.The Government of Tamil Nadu rep. By its Additional Chief Secretary Finance (T&A-II) Department Secretariat, Chennai -9.

2.The Principal Secretary to Government Social Welfare and Nutritious Meal Programme Department Secretariat, Chennai - 9.

3.The Director of Social Welfare and Women Empowerment Department Saidapet, Chennai - 15.

4.The Director cum Mission Director of ICDS Tharamani, Chennai - 113.

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G.K.ILANTHIRAIYAN,J.

gvn 18.03.2024 6/6