P.Rajendran v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2025 CORAM :

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA P.Rajendran ... Petitioner Vs.

1. The Director, Settlement, Survey and land Records Department, Chepauk, Chennai - 600 005.

2. The Additional Director, Settlement, Survey and land Records Department, Chepauk, Chennai - 600 005.

3. The Assistant Director, Survey and Land Records Department, Thirupathur.

4. The Assistant Director, Survey and Land Records Department, Collectorate, Vellore - 09.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, calling for the records on the file of the Respondents herein in order passed by the 3rd Respondent in Na.Ka. A3 - 1850 - 2023 dated 31.07.2023; order passed by the 2nd respondent in Na.Ka.No.Ya2 / 20661/ 23 dated 25.09.2023 order passed by the 3rd Respondent in Na.Ka.No.A3-1850-2023, dated 17.11.2023 quash the same and to issue directions to the Respondents herein to regularize the period of suspension of the petitioner as duty

period for all purposes along with monetary and attendant benefits within a limited time frame as deemed fit by this Court. For Petitioner : Mr.P.Aravindhan For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

This Writ Petition has been filed to call for the records of the orders passed by the 3rd Respondent in Na.Ka. A3 - 1850 - 2023 dated 31.07.2023; order passed by the 2nd respondent in Na.Ka.No.Ya2 / 20661/ 23 dated 25.09.2023 order passed by the 3rd Respondent in Na.Ka.No.A31850-2023, dated 17.11.2023 quash the same and to issue directions to the Respondents herein to regularize the period of suspension of the petitioner as duty period for all purposes along with monetary and attendant benefits within a limited time frame as deemed fit by this Court.

2. Mr.V.Jeevagiridharan, learned Additional Government Pleader takes notice for the Respondents.

3. By consent, this Writ Petition is taken up for final disposal today at the admission stage itself.

4. The case of the petitioner is that the petitioner who was working as a Firka Surveyor, retired from service on 31.12.2017. While he was in service in the year 2011, he was placed under suspension as he was involved in a criminal case and FIR has been registered in Crime No.08 of 2011 and charges have also been framed against him. However, after completion of Trial, the petitioner was acquitted from the charges levelled against him and no appeal has been preferred by the Police till date and the same has become final. However, the period of suspension of the petitioner has not been regularized as duty period. Despite the petitioner making representations in this regard, the respondents have rejected the claim of the petitioner. Hence, this Writ Petition.

5. The learned Additional Government Pleader appearing for the Respondents would submit that though the petitioner was acquitted by the trial Court, he was found guilty in the disciplinary proceedings conducted by the department and the first respondent vide proceedings in Na.Ka.No.Ya3/40802/2017, dated 10.10.2022 has imposed a minor punishment of deducting Rs.1,000/- per month from the pension of the petitioner for a period of two years. He would further submit that the petitioner is yet to exhaust his appeal remedy against the said order. He would further submit that when he had been found guilty in the

departmental proceedings, the period of suspension cannot be regularised and if at all the petitioner is aggrieved, he can challenge the order of the first respondent, dated 10.10.2022 by filing an appeal.

6. Taking into consideration the fact that the petitioner has not challenged the orders passed by the first respondent, dated 10.10.2022, by preferring statutory appeal, this Court cannot direct the respondents to regularize the period of suspension of the petitioner. Hence, this Writ Petition is dismissed. However, the petitioner is granted liberty to challenge the order of the first respondent in Na.ka.No.Ya3/40802/2017, dated 10.10.2022 in the manner known to law. No costs. 03.09.2025 Index : Yes/No Speaking Order : Yes/No : Yes / No vum To:

1. The Director,

Settlement, Survey and land Records Department, Chepauk, Chennai - 600 005.

2. The Additional Director, Settlement, Survey and land Records Department, Chepauk, Chennai - 600 005.

3. The Assistant Director, Survey and Land Records Department, Thirupathur.

4. The Assistant Director, Survey and Land Records Department, Collectorate, Vellore - 09.

A.D.JAGADISH CHANDIRA ,J., vum

03.09.2025 (2/2)