Madras High CourtWP(MD)/6522/2020allowed

G.Ganesan v. The Joint Director (Personnel)

2020-06-09Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD)No.6522 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.6522 of 2020 G.Ganesan Petitioner Vs.

1. The Joint Director (Personnel) Office of Joint Director of Tamil Nadu School Education, Chennai - 600 006.

2. The Chief Educational Officer, Panangal Building, Opposite to Jupiter Theatre, Thanjavur Town, Thanjavur District.

Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to pass order on the 1st respondent's proceeding in Na.Ka.No.84378/C5/E3/2015, dated 28.05.2015 consequently directing the respondents to grant all monetary service benefits from 31.08.2013 to 03.06.2013 along with revision of pay and promotion to the petitioner, within the period as stipulated by this Court. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

The Writ Petition is filed seeking a direction to the second respondent to pass consequential orders, based on the proceedings of the first respondent dated 28.05.2015 and to direct the respondents to grant monetary service benefits to the petitioner.

2. Mrs.S.Srimathy, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both parties, the Writ Petition is disposed of at the stage of admission itself.

3. The case of the petitioner is that he is working as B.T.Assistant (Tamil) in Government Higher Secondary School, Melatur, Papanasam Taluk, Thanjavur District. The petitioner complains that during August 2013, a complaint was given against the petitioner, following which, Crime No.163 of 2013 had been registered under Section 294 (b) of IPC and 3(1) (X) SC/ST Act, 1989. The petitioner was initially convicted by the trial Court, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6522 of 2020 based on which, he was suspended from service from 31.08.2013. Subsequently, he preferred Crl.A.(MD) No.45 of 2015 before this Court, through which, the judgment of the trial court had been set aside. Therefore, the petitioner seeks the relief to grant all monetary service benefits to him.

4. Considering the facts and circumstances of the case and also taking into consideration the judgment dated 21.08.2018 passed in Crl.A.(MD) No.45 of 2015, Mandamus is issued to the second respondent to examine the file of the petitioner and if the petitioner is found eligible, the second respondent is directed to process the entire papers in accordance with law, before 31.08.2020. The petitioner is directed to produce the copy of this order along with his representation to the second respondent forthwith.

5. With the above directions, the Writ Petition is allowed. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Joint Director (Personnel) Office of Joint Director of Tamil Nadu School Education, Chennai - 600 006.

2. The Chief Educational Officer, Panangal Building, Opposite to Jupiter Theatre, Thanjavur Town, Thanjavur District.

Order made in W.P.(MD)No.6522 of 2020 09.06.2020 SDS (17.06.2020) 2P-3C https://hcservices.ecourts.gov.in/hcservices/ 2/2