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Madras High CourtWP/40474/2025disposed of

A.Parthasarathy v. The Government Of Tamil Nadu Rep By

2025-10-29Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and WMP.No.45438 of 2025 A.Parthasarathy Petitioner Vs

1. The Government Of Tamil Nadu Rep by the Additional Chief Secretary To Government, Revenue And Disaster Management Department, Fort St. George, Chennai-600 009 2.The Additional Chief Secretary /commissioner Of Revenue Administration Chepauk, Chennai-600 005 3.The Accountant General (Accountants And Entitlements) Chennai-600 018 4.The District Collector Kancheepuram District, Kancheepuram -631 501 Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the first respondent in G.O. (2D) No.306 Revenue and Disaster Management Department Services Wing Ser.2(3) Section, dated 09.05.2025 and quash the same and direct the Respondents to pay to the Petitioner the withheld 100 percentage Death and Retirement 1/6

Gratuity with interest and restrict the pension cut to one third of the pension amount and grant him all consequential benefits. For Petitioner:

P. Manoj Kumar For Respondents:

Mr.R.U.Dineshrajkumar, AGP for R1, R.2 and R.4 Mrs.J.Sree Vidya, Standing counsel for R.3

ORDER

This Writ Petition has been filed challenging the order passed by the 1st respondent dated 09.05.2025 thereby imposing punishment of withholding part of pension and granting minimum pension of Rs.7,850/- per month permanently and also withholding the full eligible 100% Death cum Retirement Gratuity amount for the pecuniary loss to the Government.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was appointed as Junior Assistant in the Revenue Department of the Government of Tamilnadu and subsequently promoted to various posts and at last he was promoted as Deputy Tahsildar. Due to attainment of age of superannuation, he was retired from service on 31.10.2010 without prejudice to the disciplinary proceedings pending against him. 2/6

4. The petitioner was facing charges under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, as per the charge memo dated 25.10.2006. After an enquiry, he was found guilty of the charges framed against him and was served with the enquiry report. Thereafter, a letter dated 28.10.2024 proposing the imposition of the punishment of withholding part of the petitioner's pension permanently, subject to a minimum pension of Rs.7,850/- per month, was issued to him. On receipt of the same, the petitioner, by letter dated 05.12.2024 expressed his consent and accepted the proposed pension reduction.

5. Now, the 1st respondent, by the impugned order dated 09.05.2025, imposed the punishment of withholding part of the petitioner's pension and granting a minimum pension of Rs. 7,850/- per month permanently, and also withheld the entire eligible 100% Death cum Retirement Gratuity amount in respect of the pecuniary loss caused to the Government.

6. The second limb of the punishment (withholding the entire eligible 100% Death cum Retirement Gratuity) was not proposed in the proposal sent to the petitioner dated 28.10.2024. Therefore, the second limb of the punishment cannot be sustained and is liable to be set aside. Accordingly, the same is set 3/6

aside, and the matter is remanded back to the 1st respondent for fresh consideration. The 1st respondent is directed to send a fresh proposal to the petitioner in respect of the second limb of the punishment and to pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 29-10-2025 shr Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Government Of Tamil Nadu Rep By The Additional Chief Secretary To Government, Revenue And Disaster Management Department, Fort St. George, Chennai-600 009 2.The Additional Chief Secretary /Commissioner Of Revenue Administration Chepauk, Chennai-600 005 3.The Accountant General (Accountants And Entitlements) Chennai-600 018 4.The District Collector Kancheepuram District, Kancheepuram -631 501 4/6

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G.K.ILANTHIRAIYAN J.

shr and WMP.No.45438 of 2025 29-10-2025 6/6