Madras High CourtWP(MD)/25859/2023disposed of

Vaithiyanathan.K v. The District Collector

2023-12-08Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.22188 of 2023 K.Vaithiyanathan ... Petitioner Vs.

The District Collector, The Collectorate, Tirunelveli District-627 009.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the files of the respondent pertaining to its proceedings bearing R.Dis.A6/37613/2017, dated 19.06.2018 and to quash the same and consequently direct the respondent to grant all monitory and service benefits by considering the petitioner's representations, dated 17.03.2022, 24.11.2022, 12.01.2023.

For Petitioner : Mr.Aayiram K.Selvakumar For Respondent : Mr.J.Ashok Additional Government Pleader 1/4

ORDER

The petitioner herein, who was working as a Special Tahsildar (ADW) was implicated in a criminal case and he was convicted. Based upon the said conviction, the petitioner was dismissed from service on 19.06.2018. However, on filing of appeal, the petitioner was acquitted by this Court on 01.12.2021. Even though the petitioner had attained superannuation on 31.03.2003, he was not permitted to retire and he was retained in service. After being acquitted from criminal case, the petitioner had addressed several communications to the respondent herein seeking to review the order of termination and to disburse the terminal benefits. Since the said representations have not been considered, the present writ petition has been filed.

2. The learned Additional Government Pleader appearing for the respondent brings to the notice of the Court that the Collector has sought for certain clarifications from the Government and the Government in-turn has sought for certain particulars from the respondent herein and the communication is in progress and he states that as and when the Collector receives clarification from the Government, the Collector would pass orders. 2/4

3. In view of the above said facts, the respondent herein is directed to expedite the communication with the Government and pass suitable orders on merits and in accordance with law, within a period of four (4) months from the date of receipt of a copy of this order.

4. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

08.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The District Collector, The Collectorate, Tirunelveli District-627 009.

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R.VIJAYAKUMAR, J.

BTR 08.12.2023 4/4