Madras High CourtWP(MD)/15790/2017closed

E.Jayakumar v. The Principal Secretary To

2021-01-27Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.15790 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.15790 of 2017 and W.M.P(MD).Nos.12485 to 12487 of 2017 E.Jayakumar ... Petitioner Vs.

1.The Principal Secretary to Government, Home (Police-II) Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 1st respondent in G.O (2D) No.497 Home (Police-II) Department, dated 28.11.2016, G.O(2D) No.500, Home (Police-II) Department, dated 30.11.2016 and the impugned order of the 1st respondent in Lr.No.87228/Police.2/2016-8, dated 21.07.2017, quash the same consequently, direct the respondents herein to permit the petitioner to retire from service on 30.11.2016 with all retirement benefits, arrears, monetary and other attendant benefits together with interest for the belated payment from the date of retirement on 30.11.2016 till the date of realisation.

For Petitioner : Mr.G.Jegananthan for M/s.Veera Associates For Respondents : Mr.A.Karthick Government Advocate

O R D E R

This writ petition has been filed challenging the impugned order of the first respondent in G.O(2D) No.497 Home (Police-II) Department, dated 28.11.2016, G.O(2D) No.500, Home (Police-II) Department, dated 30.11.2016 and the impugned order of the 1st respondent in Lr.No.87228/Police.2/2016-8, dated 21.07.2017 and quash the same and consequently, to direct the respondents to permit https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15790 of 2017 the petitioner to retire from service on 30.11.2016 with all retirement benefits, arrears, monetary and other attendant benefits together with interest for the belated payment from the date of retirement on 30.11.2016 till the date of realisation. 2.When the writ petition is taken up for hearing today, the learned Government Advocate produced a copy of G.O(2D).No.35, Home (Police-2) Department, dated 08.02.2019 before this Court and submitted that as per Sub-rule(e)(6) of Rule 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, the order of suspension was revoked and the petitioner was permitted to retire from service on his attaining the age of superannuation on 30.11.2016. Therefore, nothing survives for adjudication in the writ petition.

3.In view of the above, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/ Assistant Registrar(P & A) /True copy/ / /2021 Sub Assistant Registrar(CS- ) To 1.The Principal Secretary to Government, Home (Police-II) Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

+1 CC to M/s.GP ( SR-2384[F] dated 29/01/2021 ) +1 CC to M/s.VEERA ASSOCIATES, Advocate SR-2473[F]dated 29/01/2021 W.P.(MD)No.15790 of 2017 and W.M.P(MD).Nos.12485 to 12487 of 2017 27.01.2021 (2/2) Ns PK/08.02.2021 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2