The Secretary & Personal v. L.S.Sudandara Dass
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2016
CORAM
THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Mr. JUSTICE M.VENUGOPAL W.A.No.97 of 2016 and C.M.P.No.1207 of 2016
1. The Secretary and Personal Officer, Tamil Nadu Housing Board, Mount Road, Nandanam, Chennai - 35.
2. The Managing Director, Tamil Nadu Housing Board, Mount Road, Nandanam, Chennai - 35.
... Appellants/Respondents Vs.
L.S.Sudandara Dass ... Respondent/Petitioner Writ Appeal filed under Clause 15 of Letters Patent against the order dated 04.07.2013 made in W.P.No.46851 of 2002. Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 19.12.2002 in proceedings No.Oa.Na.Pa.No.2/47805/96 passed by the Second Respondent and quash the same and consequently direct the Second Respondent to pay the Petitioner all the terminal and pensionary benefits.
For Appellants :
Mr.V.Anandhamurthy For Respondent :
Mr.R.Saravanakumar
JUDGMENT
(Judgment of the Court was delivered by SATISH K.AGNIHOTRI, J.) With the consent of learned counsel appearing for the parties, the writ appeal is taken up for final disposal.
2.The instant writ appeal is directed against the order dated 04 July 2013, passed by the learned single Judge in W.P.No.46851 of 2002, whereunder, the order dismissing the respondent/writ petitioner from service was quashed and the second appellant herein was directed to pay all the terminal and pensionary benefits to the respondent herein. 3.When the matter was taken up for hearing, learned counsel appearing for the appellants submitted that the appellants will be satisfied, if the judgment dated 24 June 2014 made in W.A.No.500 of 2012 in the case of a similarly placed person like that of the respondent/writ petitioner viz., Santhanaraj, is passed in the instant appeal.
4. The learned counsel for the respondent also does not have any objection in this Court modifying the order as Mr.L.S.Sudandara Dass, writ petitioner therein was similarly situated.
5. In the aforestated judgment dated 24 June 2014, a coordinate Division Bench of this Court modified the punishment of dismissal from service to one of recovery of 1/3rd of Rs.12,28,391/- from the respondent/writ petitioner. In view of the same, this writ appeal is partly allowed and the order dated 04 July 2013 made in W.P.No.46851 of 2002 is modified as follows: (i)The order of dismissal from service dated 19 December 2002 is set aside and instead the respondent/writ petitioner shall pay a sum of Rs4,09,463/- being 1/3rd of Rs.12,28,391/- to the appellants or in the alternative, the appellants shall calculate the terminal benefits due and payable to the respondent/writ petitioner on account of setting aside the order of dismissal from service and after deducting the above said amount, shall pay the balance amount due and payable to the respondent/writ petitioner within the stipulated time as per clause (ii).
(ii)The respondent/writ petitioner is not entitled to any arrears of salary on account of setting aside the order of dismissal from service passed against him, however, the period between the date of suspension and date of dismissal shall be treated as service notionally for the settlement of terminal and other attendant benefits and the appellants are directed to confer the same to the respondent/writ petitioner
within a period of eight weeks from the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mmi To
1. The Secretary and Personal Officer, Tamil Nadu Housing Board, Mount Road, Nandanam, Chennai - 35.
2. The Managing Director, Tamil Nadu Housing Board, Mount Road, Nandanam, Chennai - 35.
+1cc to Mr.V.Anandhamurthy, Advocate, S.R.No.9551 +1cc to Mr.J.Raja Rao, Advocate, S.R.No.9681 W.A. No.97 of 2016 BVR(CO) CA(02/03/2016)