Palanikumar N v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.24768 of 2025 N.Palanikumar

...Petitioner

Vs

1. The Secretary to Government, HR and CE Department, Fort St. George, Chennai-600 009.

2. The Commissioner, HR and CE, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to confer the petitioner all the benefits including monetary, service and all attendant benefits that accrue to him on account of the orders passed by this Court in W.P.(MD).No.7048 of 2006 dated 30.10.2009, as confirmed by the Honourable Division Bench in W.A.(MD).No.927 of 2010 dated 22.06.2016, by placing the petitioner above his immediate junior and giving all the benefits on par with his immediate junior.

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For Petitioner : Mr.V.R.Shanmuganathan For Respondents : Mr.P.Subburaj Special Government Pleader

O R D E R

This writ petition has been filed for a writ of Mandamus, directing the respondents 1 and 2 herein to confer the petitioner all the benefits including monetary, service and all attendant benefits that accrue to him on account of the orders passed by this Court in W.P.(MD).No.7048 of 2006 dated 30.10.2009, as confirmed by the Honourable Division Bench in W.A.(MD).No.927 of 2010 dated 22.06.2016, by placing the petitioner above his immediate junior and giving all the benefits on par with his immediate junior.

2. This Court by way of order dated 30.10.2009 passed in W.P.(MD).No.7048 of 2006 had set aside the order of punishment that have been imposed upon the petitioner which has also been affirmed by the Hon'ble Division Bench of this Court in W.A.(MD).No.927 of 2010 by order dated 22.06.2016.

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3. It is the case of the petitioner that even after the disposal of the said Writ Appeal, in view of the punishment imposed against him, he had not been paid with the service and monetary benefits that accrued to him. Hence, he made a representation as early as in the year 2018. He had also superannuated from service in the month of May 2025, but, his service and monetary benefits are not been calculated and the terminal benefits is yet to be paid to him.

4. Considering the fact that this Court had set aside the order of punishment which has also been affirmed by the Hon'ble Division Bench of this Court in W.A.(MD).No.927 of 2010 dated 22.06.2016, there shall be a direction to the respondents to calculate the service and monetary benefits of the petitioner which he would have been entitled, in view of the order passed in W.P.(MD).No.7048 of 2006 as affirmed by the Hon'ble Division of Bench of this Court in W.A.(MD).No.927 of 2010 and make necessary payment to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. 3/5

5. This writ petition stands disposed of with the above direction. There shall be no order as to costs.

22.09.2025 NCC:yes/no Index:yes/no Internet:yes/no gvn To:

1. The Secretary to Government, HR and CE Department, Fort St. George, Chennai-600 009.

2. The Commissioner, HR and CE, Chennai.

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K.KUMARESH BABU , J.

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