V.G.Panneerselvam, v. The Home Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8097 of 2015 V.G.Panneerselvam ..
Petitioner -vs1. The Home Secretary Government of Tamil Nadu Home Department Fort St.George Chennai 600 009
2. The Director General of Police O/o the Director General of Police Kamarajar Salai Mylapore Chennai 600 004
3. The Joint Commissioner of Police Chennai 600 016 ..
Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to settle the retirement and pensionary benefits entitled by the petitioner with interest at the rate of 9% p.a., within the stipulated time as fixed by this Hon'ble Court based upon his representation dated 26.1.2015.
For Petitioner ::
Mr.S.Kumaradevan For Respondents ::
Mr.A.Kumar Special Government Pleader
ORDER
The petitioner, Mr.V.G.Panneerselvam, who was permitted to retire from service on 31.5.2012 by G.O.(2D) No.541, Home (Police-2) Department dated 12.9.2013 subject to the outcome of W.P.No.10231 of 2008 and the disciplinary proceedings pending against him in PR.No.13 of 2011 to be continued under Rule 9 of the Tamil Nadu Pension Rules, has suffered the punishment of
pension cut at the rate of Rs.1,000/- per month for a period of twelve months for the proven charges, under Rule 9 of the Tamil Nadu Pension Rules, in G.O.(2D) No.171, Home (Police-2) Department dated 22.5.2014. In this background, the grievance of the petitioner is that when the petitioner's writ petition also came to be dismissed as infructuous by order dated 21.7.2014 in view of the imposition of the aforesaid punishment, the respondents cannot refuse to pay the retiral and pensionary benefits to the petitioner.
2. Mr.A.Kumar, learned Special Government Pleader takes notice on behalf of the respondents.
3. It is not in dispute that the petitioner was permitted to retire from service by G.O.(2D) No.541, Home (Police-2) Department dated 12.9.2013 subject to the outcome of W.P.No.10231 of 2008 and the disciplinary proceedings pending against him in PR.No.13 of 2011 to be continued under Rule 9 of the Tamil Nadu Pension Rules. The order of this Court dismissing the writ petition as infructuous has also been filed in the typedset of papers. A perusal of the said order and the further order passed by the first respondent in G.O.(2D) No.171, Home (Police-2) Department dated 22.5.2014 would clearly show that the petitioner has been finally imposed with the punishment of pension cut at the rate of Rs.1,000/- per month for a period of twelve months for the proven charges in PR.No.13 of 2011.
In the light of the above, the respondents are directed to settle the entire retiral benefits to the petitioner within a period of two weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
1. The Secretary to Government Home Department Fort St.George Chennai 600 009
2. The Director General of Police O/o the Director General of Police Kamarajar Salai Mylapore Chennai 600 004
3. The Joint Commissioner of Police Chennai 600 016
+ 1 cc to Mr.S.Kumaradevan, Advocate, SR 21377 + 1 cc to Govt.Pleader, High Court, Madras SR 21721 bvr(co) prk20/4 W.P.No.8097 of 2015