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Madras High CourtWP/40782/2015closed

K.S.Padmavathi v. The Principal Secretary To

2016-07-26Honourable Mr Justice B. Rajendran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP.Nos.40782 and 40783 of 2015 MP.Nos.1 and 1 of 2015 K.S.Padmavathi Petitioner in both WPs Vs 1.The Principal Secretary to Government Rural Development and Panchayat Raj Department Secretariate, Chennai-9 2.The Director, Rural Development and Panchayat Raj Saidapet, Chennai - 15.

3.The District Collector, Krishnagiri District, Krishnagiri.

.Respondents in both WPs Prayer:- Writ Petition are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the order in Roc.No.4242/2015/K1, dated 8.4.2015 on the file of the 3rd Respondent and to quash the same as far as the non grant of promotion to the Petitioner and to direct the Respondents to give promotion to the Petitioner as Block Development Officer as per the panel as on 1.3.2015 with retrospective seniority from the date on which her immediate junior was promoted and all relevant monetary benefits to such promotion with effect from the said date (ii) WP No.40783/2015:

Writ petition filed under Article 226 of the constitution of India to issue a writ of certiorari to Call for the records pertaining to the impugned order in G.O.(D) No. 52 RD & PR Department dt 3.2.2014 on the file of the 1st respondent and quash the same and the order in GO(D)No.52, RD & PR Department, dated 3.2.2014 on the file of the 1st Respondent and to quash the same.

For Petitioner :

Mr.C.Mahendran For Respondents :

Mr.K.V.Dhanapal, AGP

ORDER

These Writ Petitions are filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified

Mandamus to call for the records relating to the order in Roc.No.4242/2015/K1, dated 8.4.2015 on the file of the 3rd Respondent and to quash the same as far as the non grant of promotion to the Petitioner and to direct the Respondents to give promotion to the Petitioner as Block Development Officer as per the panel as on 1.3.2015 with retrospective seniority from the date on which her immediate junior was promoted and all relevant monetary benefits to such promotion with effect from the said date and the order in GO(D)No.52, RD & PR Department, dated 3.2.2014 on the file of the 1st Respondent and to quash the same.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. After some elaborate arguments by the learned counsel on either side, it is made clear that the Petitioner was given punishment by virtue of the order dated 3.2.2014 and the punishment was to recover the amount. The Petitioner has paid the entire amount in one lump sum on 01.07.2014. Therefore, the currency of punishment will be two years from the last date of payment and that had expired on 30.6.2016. Therefore, the Petitioner would be entitled for promotion for the year 2016-2017 with effect from 01.07.2016. The date of retirement of the Petitioner is 31.7.2016 and hence, the promotion of the Petitioner for the current year will be considered and appropriate orders would be passed or at least notional benefits from the date which is applicable to him would be given after retirement.

4. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, the connected MPs are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Srcm To:

1.The Principal Secretary to Government Rural Development and Panchayat Raj Department Chennai-9 2.The Director, Rural Development and Panchayat Raj Saidapet, Chennai -15.

3.The District Collector, Krishnagiri District, Krishnagiri 1 cc to Government Pleader, sr.42423 2 ccs to Mr.C.Mahendran, Advocate, sr.42524(1.9.2016) WP.Nos.40782 and 40783 of 2015 lrs co kra 10.08.2016