S.Selvaraj v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Selvaraj S/o.Subbaiah ... Petitioner Vs.

1. The Principal Secretary, Government of Tamil Nadu, Revenue and Disaster Management Department, St George Fort, Secretariat, Chennai - 600 009.

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3. The District Collector, Chennai District, Chennai - 600 001.

4. The Revenue Divisional Officer.

North Chennai Division.

Chennai District, Puzhal, Chennai - 600 066.

5. The Tahsildar, Perambur Taluk, Chennai District - 600 039.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to consider and dispose of the representation submitted by the petitioner dated 12.04.2024 and issue order of revocation of suspension and retirement order and settle the subsistence allowance for the months of May, June and July 2024, Death-Cum-Retirement-Gratuity, Commutation of Pension, Leave Encashment, General Provident Fund, Special Provident Fund, Dearness Allowance arrears, 7th Pay Commission arrears, Pay fixation for the years 2005 & 2006 with due increments and all other retirement benefits within the time stipulated by this Court. For Petitioner : Mr.V.S.Jagadeesan For Respondents : Mrs.V.Yamunadevi Special Government Pleader *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the petitioner to consider his representation dated 12.04.2024 wherein the petitioner is seeking for revocation of the suspension order and revocation of the order not permitting the petitioner to retire from service and for payment of terminal benefits.

2. Heard Mr.V.S.Jagadeesan, learned counsel for petitioner and 2/6

Mrs.V.Yamunadevi, learned Special Government Pleader appearing for respondents.

3. The case of the petitioner is that while he was working as a Village Administrative Officer, a First Information Report came to be registered in Crime No.758 of 2005 and the petitioner was arrayed as A8 in this case. The petitioner was placed under suspension by the District Collector by an order dated 26.02.2007. The petitioner was not permitted to retire from service due to the pendency of the disciplinary proceedings. The criminal case in C.C.No.2393 of 2007 on the file of the Chief Metropolitan Magistrate, Egmore, resulted in acquittal of the petitioner by judgment dated 28.08.2023. Thereafter, the petitioner gave a representation to third respondent to revoke the suspension order and also to revoke the order not permitting the petitioner to retire from service and to settle the terminal benefits. Since the same was not considered, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the disciplinary proceedings itself was initiated based on the criminal case and the criminal case has now ended 3/6

in acquittal, there shall be a direction to the third respondent to deal with the representation made by the petitioner dated 12.04.2024 and pass necessary orders within a period of six (6) weeks from the date of receipt of a copy of this order. The terminal benefits of the petitioner shall be settled within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the third respondent along with relevant documents and also a copy of this order.

This writ petition is disposed of with the above direction. No costs.

28.08.2024 Note: Issue order copy by 03.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm 4/6

To

1. The Principal Secretary, Government of Tamil Nadu, Revenue and Disaster Management Department, St George Fort, Secretariat, Chennai - 600 009.

2. The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

3. The District Collector, Chennai District, Chennai - 600 001.

4. The Revenue Divisional Officer, North Chennai Division, Chennai District, Puzhal, Chennai - 600 066.

5. The Tahsildar, Perambur Taluk, Chennai District - 600 039.

5/6

N.ANAND VENKATESH, J gm 28.08.2024 6/6