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Madras High CourtWP/32883/2017disposed of

B.K.Manivannan v. The Registrar

2022-06-21Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 32883 of 2017 and W.M.P. Nos. 36246 and 36247 of 2017 B.K. Manivannan ... Petitioner -vsThe Registrar, Annamalai University, Annamalai Nagar, ... Respondent Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of suspension dated 13.09.2017 passed by the Respondent in his Proceedings of No. Estt/C1-10/2017 and quash the same and consequently directing the Respondent to reinstate the Petitioner and regularize the period of suspension as duty and pay the arrears of salary. For Petitioner : Mr. R.Nalliyappan For Respondent : Mr. Sathishkumar

O R D E R

Heard Mr. R.Nalliyappan, Learned Counsel for the Petitioner and Mr. Sathishkumar, Learned Counsel for the Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition challenges proceedings no. Estt/C1-10/2017 dated 13.09.2017 passed by the Respondent by which the Petitioner was suspended from service. 3.

It is brought to notice by Learned Counsel for the Respondent that after the filing of the Writ Petition, the order of suspension was revoked by office memorandum no. C110/10718/2018 dated 10.01.2018 passed by the Respondent and its copy has been produced. However, Learned Counsel for the Petitioner contends that the period of suspension has not been regularized and the Petitioner has not been paid the salary for the same and that he would make a representation to the concerned authority in that regard.

4.

In such circumstances, the following order is passed:- (i) the Petitioner may make necessary representation along with supporting documents to the concerned authority on or before 31.07.2022 for regularization and payment of salary for that period of suspension;

(ii) if such representation is made, it shall be incumbent upon the concerned authority to immediately examine the representations made by the Petitioner as per the applicable rules;

(iii)if it is found that any details or supporting documents satisfying the eligibility criteria for the benefits claimed had not been produced, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 clear working days in that regard; (iv) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner to explain his position in that regard and a reasoned order shall be passed by 30.09.2022 dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment;

(v) if the Petitioner is found entitled to the claim made, the eligible amount shall be disbursed within a period of 30 days from the date of passing of that order; and (vi) the report of completion of the aforesaid exercise shall be filed before the Registrar (Judicial) of this Court. In fine, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petition are closed. No costs.

Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar skr To The Registrar, Annamalai University, Annamalai Nagar,

Copy to

1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.

2. B.K.Manivannan, S/o. Kaliyaperumal, 18/6, Kamatchi Amman Street, +1 cc to Mr. R.Nalliyappan, Advocate Sr.NO. 37813 W.P. No. 32883 of 2017 ev(CO) A.SK(29/06/2022)