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Madras High CourtWP/23132/2021disposed of

S.Chandramohan v. The District Collector

2021-10-28Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.23132 of 2021 and W.M.P.No.24389 of 2021 (Through Video Conferencing) S.Chandramohan

...Petitioner

Vs

1. The District Collector, Office of the District Collector of Perambalur, Perambalur.

2. The Commissioner of Revenue Administration & Disaster Management, Office of the Commissioner of Revenue Administration & Disaster Management, Ezhilagam, Chennai - 600 005.

3. The Joint-Secretary, Pay Grievances Redrassal Committee, Government Data Centre, Kotturpuram, Chennai - 600 025.

4. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Perambalur, Perambalur District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the fourth respondent, in his proceedings Na.Ka.A1/2615/2018, the Charge Memo dated 06.08.2019 and quash the same and consequently direct the first to fourth respondents to relieve the petitioner by settling all his service benefits on the basis of his resignation letter dated 11.06.2018 addressed to the fourth respondent.

For Petitioner : Mr.S.Senthil Nathan For Respondents: Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

Mr.L.S.M.Hasan Fizal, learned Government Advocate takes notice on behalf of the respondents.

2. The petitioner had sent a resignation letter dated 11.06.2018 to the fourth respondent and thereafter a reminder/representation to the second respondent on 14.03.2019, After a receipt of the resignation letter and the above reminder/representation, the fourth respondent has issued the impugned Charge Memo on 06.08.2019 bearing reference in Na.Ka.A1/2615/2018.

3. The petitioner has thereafter sent several representations which have not evoked any positive response from the second respondent. On the other hand, the third respondent appears to have advised that the terminal benefits may be settled by accepting the request of the petitioner for being detached/discharged from service on account of the resignation letter dated 11.06.2018 for voluntary resignation from the services of the respondents.

4. It is noticed that various representations of the petitioner before and after the issuance of the Charge Memo dated 06.08.2019 have not evoked any response from the respondents.

5. Considering the same, this writ petition is disposed at the time of admission by directing the respondents to pass appropriate orders on various representations of the petitioner within a period of six months from the date of receipt of a copy of this order.

6. During the aforesaid period, the impugned disciplinary proceedings shall be kept in abeyance. While considering the representation of the petitioner, the respondents shall also factor Section 50(3) of the Tamil Nadu Government Servants, Conditions of Service Act, 2016. No costs. Consequently, connected Writ Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rgm/arb

To 1.The District Collector, Office of the District Collector of Perambalur, Perambalur.

2. The Commissioner of Revenue Administration & Disaster Management, Office of the Commissioner of Revenue Administration & Disaster Management, Ezhilagam, Chennai - 600 005.

3. The Joint-Secretary, Pay Grievances Redrassal Committee, Government Data Centre, Kotturpuram, Chennai - 600 025.

4. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Perambalur, Perambalur District.

+1cc to M/s.S.Senthilnathan, Advocate, S.R.No.55735 +1cc to the Government Pleader, S.R.No.56607 W.P.No.23132 of 2021 and W.M.P.No.24389 of 2021 AJS(CO) RGA(22/11/2021)