M.Mohamed Yacoob v. Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2025 CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN M.Mohamed Yacoob ... Petitioner Vs.
1. Secretary To Government Minstry Of Communications Andinformation Technology Goverment Of India, Sachar Bhawan 20 Ashok Road, New Delhi 2.The Post Master General O/o. Poster Master General, Chennai City Regional, Chenani 600 002.
3.Dirctor Of Postal Services Post Master General, O/o Post Master General, Chennai City Region Chennai 4.Senior Superintendent Of Police Chennai City South Division, Chennai ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for records pertaining to the order dated 12.11.2024 in O.A No.1679 of 2016 passed by the Central Administrative Tribunal and to quash the same and to allow the original application as prayed for. For Petitioner : Ms.Kavitha Y for PVS Giridhar Associates Law Chambers For Respondents : Mr.B.Rabu Manohar Senior Standing Counsel for R1 to R4
ORDER
(Order of the Court was made by M.S.RAMESH.J,) This Writ Petition has been filed to issue a writ of certiorarified mandamus, calling for records pertaining to the order dated 12.11.2024 in O.A No.1679 of 2016 passed by the Central Administrative Tribunal and to quash the same.
2. Heard Ms.Kavitha.Y, learned counsel for the petitioner and Mr.B.Rabu Manohar, learned Senior Standing Counsel appearing for the respondents 1 to 4.
3. The punishment of compulsory retirement, though interfered with by the Central Administrative Tribunal in its order passed in O.A.No.844 of 2007 dated 17.07.2008, was accompanied by a specific finding of the Tribunal that the setting aside of the order of punishment would not amount to total exoneration. This observation was also taken note of by the Coordinate bench of this Court when the department challenged the aforesaid order of the Tribunal, and it was recorded that the denial of back wages to the petitioner herein was on account of the finding of the Tribunal that there was no total exoneration.
4. The petitioner herein now claims for notional award of annual increments for the purpose of re-fixation of his pensionary benefits.
5. As stated above, since the employee has not been fully exonerated, he would not be entitled to receive any wages or other monetary benefits. As a matter of fact, Fundamental Rule 54(2) specifically states that only when the order of reinstatement is set aside and the employee is fully exonerated, would the Government servant be entitled to full pay and allowances.
6. In this background, we are not inclined to entertain the prayer sought for in the present Writ Petition. Accordingly, this Writ Petition stands dismissed. No Costs.
[M.S.R., J] [V.L.N., J] 18.06.2025 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To
1. The Secretary To Government Minstry Of Communications Andinformation Technology Goverment Of India, Sachar Bhawan 20 Ashok Road, New Delhi 2.The Post Master General O/o. Poster Master General, Chennai City Regional, Chenani 600 002.
3.Dirctor Of Postal Services Post Master General, O/o Post Master General, Chennai City Region Chennai
4.The Senior Superintendent Of Police, Chennai City South Division, Chennai 5.The Public Prosecutor, High Court, Madras.
M.S.RAMESH, J.
and V. LAKSHMINARAYANAN , J.
Anu 18.06.2025