K.Ravi v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Ravi ..
Petitioner in W.P.No.32360/23 R.Sivakumar ..
Petitioner in W.P.No.20262/23 Vs.
1. The Government of Tamil Nadu rep. by the Secretary to Government Human Resources Management (FR II) Department Fort St. George, Chennai 600 009.
2. The Agricultural Production Commissioner and Secretary to Government Agriculture and Farmers Welfare Department Fort St. George, Chennai 600 009.
3. The Chief Engineer (Agricultural Engineering) Anna Salai, Nandanam, Chennai 600 035.
4. The Executive Engineer (Agricultural Engineering) Thiruvannamalai.
5. The Assistant Executive Engineer (Agricultural Engineering) CAD, WM & CAS Unit - I Respondents in Cheyyar, Thiruvannamalai District.
..
both W.Ps.
Prayer: Petitions filed under Article 226 of the Constitution of India seeking (i) a writ of Certiorarified Mandamus to call for the records relating to the impugned order of the first respondent in G.O.(Ms) No.100, Human Resources Management (FR-II) Department, dated 7.9.2022 and quash the same, direct the respondents to pay the Leave Salary (Earned and Unearned Leave) payable to the petitioner within a time limit to be stipulated by this Hon'ble Court and further direct the respondents to pay interest to him at the rate of 12% per annum from 30.11.2022 till the actual date of payment of the said benefits; and (ii) a writ of Certiorarified Mandamus to call for the records relating to the impugned order of the first respondent in G.O.(Ms) No.100, Human Resources Management (FR-II) Department, dated 7.9.
2022 and quash the same, direct the respondents 3 and 4 to pay the Leave Salary (Earned and Unearned Leave) payable to the petitioner within a time limit to be stipulated by this Hon'ble Court and further direct the respondents 3 and 4 to pay interest to him at the rate of 12% per annum from 30.09.2022 till the actual date of payment of the said benefits.
For the Petitioners : Mr.P.Rajendran For the Respondents : Mr.P.S.Raman Advocate General Assisted by Mr.T.K.Saravanan Government Advocate
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.P.Rajendran, learned counsel for the petitioner and Mr.P.S.Raman, learned Advocate General, assisted by Mr.T.K.Saravanan, learned Government Advocate for the respondents.
2. The petitioners are challenging the amendment to Rule 52B of the Fundamental Rules, whereby a person who is dismissed or removed from service is not entitled to Earned Leave or Leave on Private Affairs.
3. It is not disputed that the petitioners are under suspension. They have not yet retired nor dismissed from service. The said provision would apply only if the petitioners are dismissed or removed from service. The departmental enquiry is still pending.
4. Depending upon the result of the departmental enquiry, the petitioners are at liberty to challenge the provisions. In that event, all contentions are kept open.
5. The writ petitions are disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.31981, 19594, 19588, 31980 & 19590 of 2023 are closed.
(S.V.G., CJ.) (D.B.C., J.) 18.03.2024 Index :
Yes/No :
Yes/No kpl To
1. The Secretary to Government Human Resources Management (FR II) Department Fort St. George, Chennai 600 009.
2. The Agricultural Production Commissioner and Secretary to Government Agriculture and Farmers Welfare Department Fort St. George, Chennai 600 009.
3. The Chief Engineer (Agricultural Engineering) Anna Salai, Nandanam, Chennai 600 035.
4. The Executive Engineer (Agricultural Engineering) Thiruvannamalai.
5. The Assistant Executive Engineer (Agricultural Engineering) CAD, WM & CAS Unit - I Cheyyar, Thiruvannamalai District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 18.03.2024