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Madras High CourtWP(MD)/24088/2022closed

Ramakrishnan A v. The District Collector

2025-01-28Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025

CORAM:

THE HONOURABLE MR JUSTICE B.PUGALENDHI A.Ramakrishnan .. Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi Division, Lalgudi, Trichy District.

3.The Tahsildar, Mannnachanallur Taluk, Trichy District.

.. Respondents Prayer:Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondent No.1 to dispose the Petitioner's Appeal dated 10.01.2019.

For Petitioner :

Mr.Rajaram.A Advocate For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

This Writ Petition has been filed to give a direction to the respondent No.1 to dispose the Petitioner's Appeal dated 10.01.2019 by issuing a writ of Mandamus.

2. The case of the Petitioner is that he was a Village Administrative Officer, he retired from service on attaining the age of superannuation on 31.12.2010. During his tenure, he was imposed with a punishment of stoppage of increment for a period of two years, he was also placed under suspension and he was not allowed to retire. Aggrived by the same, the Petitioner filed this Writ Petition.

3. The learned Counsel for the Petitioner would submit that pending the departmental proceedings and pursuant to the criminal case registered as against him by the Vigilance and Anti Corruption Department in Crime No.17 of 2008, pending the proceedings, the petitioner died on 07.04.2023. Therefore, the criminal case pending as against this petitioner in Special Case Number 98 of 2011 before the Sub

Court, Tiruchirappalli was closed that the charges abated. Consequently, the disciplinary proceedings initiated as against this petitioner were also closed as abated.

4. The learned Additional Government Pleader for the Respondents would submit that based on the subsequent developments and on the application submitted by the wife of this petitioner Ramakrishnan. The petitioner was allowed to retire with effect from 31.12.2010 and the period of his suspension from 16.07.2008 to 28.04.2010 and up to 31.12.2010 were treated as period of service and the Revenue Divisional Officer has also passed an order based on the recommendations made by the Tahsildar.

5. This Court has considered the submissions advanced by the learned counsel for the petitioner and the learned Additional Government Pleader for the Respondents and perused all the materials available on record.

6. This Court is of the considered view that according to the learned Additional Government Pleader that they are processing the requests of the petitioner's wife for a Special Provident Fund with Interest and considering this development, it is upto the Department to

take the call on the request of the petitioner's wife and dispose the petitioner's wife representation dated 10.01.2019 at the earliest and in accordance with law.

7. With the above observations and directions, this Writ Petition stands closed. No costs.

27.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes nst To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi Division, Lalgudi, Trichy District.

3.The Tahsildar, Mannnachanallur Taluk, Trichy District.

B.PUGALENDHI , J.

nst Dated: 27.01.2025