J.Kulandaivelu, v. The District Judge,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and W.M.P.No.38069 of 2017 J.Kulandaivelu ... Petitioner Vs.

1. The District Judge, Court of the District and Sessions Judge, Puducherry.

2. The Chief Judicial Magistrate, Judicial Department, Puducherry.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent with No.175/ JUD/ CJM/ Estt./ 2012 dated 28.3.2012 and to quash the same and consequently to direct the respondents to pay the retirement benefits to the petitioner including Provident Fund, Gratuity, Leave Salary, Service Insurance, Pension with interest at a rate of 12%. For Petitioner : Mr.B.BalaVijayan for Mr.Prakash Adiapadam For Respondents : Mr.Syed Mustafa, Special Government Pleader

(Puducherry)

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been filed to call for the records of the second respondent with No.175/ JUD/ CJM/ Estt./ 2012 dated 28.3.2012 and to quash the same and consequently to direct the respondents to pay the retirement benefits to the petitioner including Provident Fund, Gratuity, Leave Salary, Service Insurance, Pension with interest at the rate of 12%.

2. The learned Special Government Pleader (Pondicherry), Mr.Syed Mustafa appearing on behalf of the respondents would contend that the Departmental disciplinary proceedings initiated against the writ petitioner has ended with the order of punishment of stoppage of increment for one year. Thereafter, no disciplinary action was taken against the writ petitioner and he was allowed to retire from service with effect from 30.11.2011. Thus, the respondents are directed to settle all the terminal and pensionary benefits due to the writ petitioner by following the procedures, as contemplated under the Rules in force. The said exercise is directed to be completed within a period of four months from the date of receipt of a copy of this

order. The writ petitioner is directed to co-operate for submission of pension proposals by furnishing all the required details in the prescribed format and in accordance with the Pension Rules in force.

3. Accordingly, the Writ Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. (S.M.S.,J.) (K.R.S.,J.) 04.03.2024 skr Index : Yes Speaking order To

1. The District Judge, Court of the District and Sessions Judge, Puducherry.

2. The Chief Judicial Magistrate, Judicial Department, Puducherry.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr 04.03.2024