K.Chinnaraj, v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01-06-2016 Coram THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition No.17423 of 2016 K.Chinnaraj .. Petitioner Vs.

1.The Principal Secretary to Government Municipal Administration and Water Supply Department Secretariat Chennai-9.

2.The Director The Directorate of Town Panchayat 4th Floor, Kuralagam Building Chennai-108.

3.The District Collector Erode District.

.. Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus, to direct the 2nd respondent to dispose of the petitioner's representation, dated 03.03.2016 and to pass further orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner :Mr.S.Vijayakumar For Respondents :Mr.M.Dig Vijaya Pandian Additional Government Pleader

O R D E R

By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

2. This Writ Petition has been filed to issue a Writ of Mandamus, to direct the 2nd respondent to dispose of the petitioner's representation, dated 03.03.2016 and to pass further orders as this Court may deem fit and proper in the circumstances of the case.

3. The petitioner entered into service as Bill Collector in the Town Panchayat Department, through Employment Exchange.

During his tenure as Bill Collector in the year 1998, Siruvallur Town Panchayat, Erode Distirct, the petitioner was subjected to criminal proceedings initiated under Sections 7 and 13(2) r/w. 13(1)(d) of Vigilance and Anti-Corruption Act along with Sections 218 and 384 r/w. 34 IPC in C.C.No.37 of 2000 on the file of the Chief Judicial Magistrate Court, Erode. The learned Chief Judicial Magistrate, Erode, by order dated 21.07.2004, convicted the petitioner in C.C.No. 37 of 2000. The petitioner was dismissed from service on account of conviction by the Lower Court, on 24.12.2007. Aggrieved against the order of the Lower Court, the petitioner preferred a Criminal Appeal before this Court in Crl.A.No.965 of 2004, to set aside the order of punishment in C.C.No.37 of 2000 and sought for refund of the fine amount levied by the Lower Court.

This Court, by judgment dated 28.06.2011, acquitted the petitioner, by setting aside the judgment of conviction and sentence passed by the Chief Judicial Magistrate, Erode, dated 21.07.2004. The petitioner submitted several representations seeking reinstatement of service with all attendant benefits from the date of suspension. The 3rd respondent, by proceedings dated 22.12.2015, reinstated the petitioner in service and posted as Bill Collector, Anthiyur Town Panchayat, Erode. The petitioner made a representation to the 2nd respondent, on 03.03.2016, claiming accrued benefits. But till date, there was no response and hence, the petitioner has filed the present Writ Petition.

4. Mr.S.Vijayakumar, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if his representation, dated 03.03.2016, seeking accrued benefits is directed to be considered by the 2nd respondent and appropriate orders are passed.

5. Mr.M.Dig Vijaya Pandian, the learned Additional Government Pleader, who takes notice on behalf of the respondents, has got no serious objection in directing the 2nd respondent to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law.

6. Considering the above submissions, this Court, without going into the merits of the claim made by the petitioner, directs the 2nd respondent to consider the representation of the petitioner, dated 03.03.2016, and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

7. The Writ Petition is disposed of accordingly. No costs. -s/dAssistant Registrar(CSVI) True Copy Sub-Assistant Registrar paa To 1.The Principal Secretary to Government Municipal Administration and Water Supply Department Secretariat Chennai-9.

2.The Director The Directorate of Town Panchayat 4th Floor, Kuralagam Building Chennai-108.

3.The District Collector Erode District.

+1 cc to Mr.S.Vijayakumar Advocate sr.29092 +1 cc to Government Pleader sr.29199 W.P.No.17423 of 2016 rk(co) aa16/06/2016