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Madras High CourtWP(MD)/25006/2022disposed of

Rasalam. S v. The Principal Secretary To Government

2022-11-24Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Rasalam ... Petitioner Vs.

1.The Principal Secretary to Government, Director of Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai.

2.The Director of Adi Dravidar and Welfare Department, Chepakkam, Chennai-5.

3.The Director of Tribal Welfare Department, Chepakkam, Chennai-5.

4.The District Adi Dravidar and Tribal Welfare Officer, Kanyakumari District.

5.The Headmaster, Government Tribal Residential Higher Secondary School, Pechipparai, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to revoke petitioner's suspension order dated 30.05.2017 and permit the petitioner to retire following orders of 3rd respondent dated 04.02.2022 judgment in 1/4

STC. No.3/2014 on the file of Judicial Magistrate No-II, Nagercoil dated 30.08.2022 and disburse all monetary benefits and pension benefits. For Petitioner : Mr.J.Gunaseelanmuthiah For Respondents : Mr.A.K.Manikkam, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the continuance of the operation of the suspension order imposed on him.

3.When the matter was taken up for hearing, it was submitted by the learned counsel on either side that the suspension order has since been revoked and the petitioner has also been permitted to retire with effect from 31.05.2017. The employer is directed to prepare the petitioner's pensionary proposal and send to the Government within a period of two weeks from the date of receipt of a copy of this order. Since all the impediments for the writ petitioner have already been cleared, the pensionary and other benefits payable to the writ petitioner will be disbursed within a period of twelve weeks thereafter. 2/4

4.In view of the subsequent development, nothing survives for further adjudication in this writ petition and it stands disposed of. No costs. 24.11.2022 Index : Yes / No Internet : Yes/ No ias To:- 1.The Principal Secretary to Government, Director of Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai.

2.The Director of Adi Dravidar and Welfare Department, Chepakkam, Chennai-5.

3.The Director of Tribal Welfare Department, Chepakkam, Chennai-5.

4.The District Adi Dravidar and Tribal Welfare Officer, Kanyakumari District.

5.The Headmaster, Government Tribal Residential Higher Secondary School, Pechipparai, Kanyakumari District.

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G.R.SWAMINATHAN, J.

ias 24.11.2022 4/4