Madras High Court
The Principal Secretary To ... vs X.Immaculate Mercy on 4 August, 2021
W.A. No. 1831 of 2021 and C.M.P.No.11591 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No. 1831 of 2021 and
C.M.P.No.11591 of 2021
1. The Principal Secretary to Government,
Home (Transport-II-A) Department,
Secretariat, Chennai - 9.
2. The Special Commissioner and
Transport Commissioner,
Chepauk, Chennai - 5. ... Appellants
vs
X.Immaculate Mercy,
Formerly Junior Assistant,
No.23/25, Malligaipuram Thottam,
Third Street, Palakarai,
Trichy - 620 001 ...Respondent
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent praying to
set aside the common order dated 17.09.2012 made in W.P.No.12088 of
2012.
****
For Appellants : Mr.R.Neelakandan,
State Government Counsel
https://www.mhc.tn.gov.in/judis/
Page No.1 of 4
W.A. No. 1831 of 2021 and C.M.P.No.11591 of 2021
For Respondent : Mr.T.Ayngaraprabhu
JUDGMENT
[Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.]
The Writ Appeal is directed against the common order dated
17.09.2012 passed by the learned Single Judge in W.P.No.12088 of 2012.
2. It is now brought to the knowledge of this Court that the Writ
Appeal against W.P.No.4748 of 2012 was heard and disposed of in
W.A.No.242 of 2013 on 20.08.2014, wherein, the Division Bench of this
Court has observed in paragraphs 5 to 8, as follows:-
"5. The learned senior counsel for the
respondent has fairly submitted that once the matter
is remitted, the employee can be deemed to be under
suspension and he is entitled to get subsistence
allowance till final orders are passed and the order
of the learned Single Judge in giving direction to
restore the respondent in service with all benefits
may be set aside.
6. In view of the said submission, the Writ
Appeal is disposed of, by deleting the paragraph-15
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W.A. No. 1831 of 2021 and C.M.P.No.11591 of 2021
of the order of the learned Single Judge with regard
to restoration of the respondent in service with
benefits. However, the respondent shall be treated to
be under suspension till final orders are passed. No
costs. Connected miscellaneous petitions are closed.
7. The learned Special Government
Pleader seeks sufficient time to conduct the enquiry,
as ordered by the learned Single Judge.
8. Considering the matter, particularly,
with regard to the calling for the details in various
departments, six months' time is granted to complete
the enquiry and pass final orders. Since the order of
removal has been set aside, the respondent is entitled
to get the subsistence allowance from the date of
removal from service, till final orders are passed."
3. As the present case is arising out of the same common order
dated 20.08.2014, this Writ Appeal is also disposed of on the same terms as
in W.A.No.242 of 2013. No costs. Consequently, connected miscellaneous
petition is closed.
[P.S.N., J.] [K.R., J.]
04.08.2021
Index : Yes/No
Internet : Yes/No
srn
https://www.mhc.tn.gov.in/judis/
W.A. No. 1831 of 2021 and C.M.P.No.11591 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A. No. 1831 of 2021 and
C.M.P.No.11591 of 2021
04.08.2021
https://www.mhc.tn.gov.in/judis/
