Madras High CourtWP(MD)/8695/2016disposed of

C.Raju v. The State Of Tamilnadu

2021-02-16Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)Nos.8695 and 8696 of 2016 and W.M.P.(MD).Nos.6947 and 6948 & 6949 of 2016 C.Raju ... Petitioner in both petitions Vs.

1.The State of Tamilnadu, Rep. by its Secretary, Department of School Education, Fort St.George, Chennai -600 009.

2.The Director of Elementary Education, College Road,Chennai-600 009.

3.The Additional Chief Educational Officer, Sarva Siksha Abhiyan, Virudhunagar District.

4.The District Elementary Educational Officer, Virudhuangar -626 002, Virudhunagar District.

5.The Assistant Elementary Educational Officer, Watharairuppu, Virudhuangar District-629 132.

6.The Headmaster, Panchayat Union Middle School, Mathur- 626 149, Virudhunagar District.

... Respondents in both petitions Prayer in W.P.(MD).No.8695 of 2016: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings issued by the 4th respondent DEEO in Na.Ka.No.4191/A1/2014 dated.25.02.2016 and quash the same. 1/3

Prayer in W.P.(MD).No.8696 of 2016: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 4th respondent DEEO in Na.Ka.No. 4191/A1/2014 dated 23.07.2015 and the consequential proceedings in R.C.No. 4191/A1/2014 dated 26.02.2016 quash the same and further direct the respondents herein to permit the petitioner to retired from service on superannuation on 29.02.2016 and to disburse the arrears of salary and to release the pension and other terminal benefits.

In both petitions:

For Petitioner : Mr.T.Cibi Chakraborthy For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader C O M M O N O R D E R By consent of both parties, these writ petitions are taken up for final disposal at the stage of admission itself. Since the issue involved in these writ petitions are one and the same, these writ petitions are disposed of by way of common order.

2. These writ petitions have been filed against the Charge Memo as well as the Order of Suspension passed by the authorities concerned and for a direction to the respondents herein to permit the petitioner to retired from service on superannuation on 29.02.2016 and to disburse the arrears of salary and to release the pension and other terminal benefits.

3. When this matter came up for hearing, the learned counsel for the petitioner would submit that it would suffice, if the respondents are directed to conclude the disciplinary proceedings at the earliest time as fixed by this Court.

Though the respondents filed counter, the learned Additional Government Pleader has no serious objection to consider the petitioner's request.

5. In view of the limited request sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the fourth respondent to conclude the disciplinary proceedings pending against the petitioner, in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order, if there is no legal impediment to do so.

6. With the above directions, these Writ Petitions stand 2/3

disposed of. No Costs.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 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.

To 1.The Secretary, The State of Tamilnadu, Department of School Education, Fort St.George, Chennai -600 009.