Madras High CourtWP(MD)/807/2018allowed

P.Selvan, S/O.M.Ponnuchamy v. The District Collector

2018-02-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.807 of 2018 P.Selvan ... Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Special Tahsildar (Social Security Scheme) Devakottai, Sivagangai District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent i.e., the District Collector, Sivagangai District, Sivagangai to pass appropriate orders on the petitioner's representation dated 06.11.2017 in accordance with law regarding treating the period of dismissal from service i.e. from 23.07.2007 to 25.12.2014 as duty and consequential sanction of increment and payment of duty salary and inclusion of his name in the approved list of Assistant of the year 2005 and grant notional promotion on par with his junior, within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.M.Jeyakumar, AGP

O R D E R

The petitioner was dismissed from service following the conviction by a criminal Court. The conviction was over turned on appeal. Therefore, the writ petitioner was reinstated in service on 26.12.2014. The issue is regarding treatment of the period from 23.07.2007 to 25.12.2014. In this regard, the authorities are yet to take action. The petitioner has already submitted a representation in this regard on 06.11.2017. The first respondent is directed to pass appropriate orders in accordance with law on the petitioner's representation dated 06.11.2017 on or before 31.03.2018. It is made clear that this Court has not expressed any opinion on the merits of the matter.

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2.This writ petition is allowed as indicated above. No costs. Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Special Tahsildar (Social Security Scheme) Devakottai, Sivagangai District.

+1cc to Mr.S.Visvalingam, Advocate Sr.No.46368 +1cc to The Spl. Government Pleader Sr.No.46852 ARUL VB/SV/MMS/SAR3/16.02.2018/2P/5C W.P(MD)No.807 of 2018 06.02.2018 https://hcservices.ecourts.gov.in/hcservices/