Madras High Court
T.S.Sooriyanarayanamoorthy vs The State Of Tamil Nadu on 15 December, 2021
W.P(MD)No.22191 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.12.2021
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.22191 of 2021
& WMP(MD)No.18754 of 2021
T.S.Sooriyanarayanamoorthy ... Petitioner
Vs.
1.The State of Tamil Nadu,
rep. by its Principal Secretary to Government,
Revenue and Disaster Management Department,
Secretariat, Fort St. George,
Chennai-600 009
2.The Principal Secretary and Commissioner of
Revenue Administration,
Ezhilagam,
Chepauk,
Chennai-600 005
3.The District Revenue Officer,
Madurai District,
Madurai. ... 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 to
release all the petitioner's service entitlements viz., duty pay from 19.06.2015 to
31.08.2017, sent pension proposals to the Accountant General of Entitlements,
Chennai consequent upon order of acquittal awarded by this Court in
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No.22191 of 2021
Crl.A(MD) No.139 of 2015 dated 02.11.2020 in terms of Ruling 9 under
Fundamental Rules 54 within the time frame as stipulated by this Court.
For Petitioner : Ms.W.Pamlin
For Respondents : Mr.V.Nirmal Kumar, AGP
ORDER
Heard Ms.W.Pamlin, learned counsel appearing for the petitioner and
Mr.V.Nirmal Kumar, learned Additional Government Pleader appearing for the
respondents.
2.This Writ Petition has been filed seeking for issuance of a Mandamus,
to direct the respondents to release all the petitioner's service entitlements viz.,
duty pay from 19.06.2015 to 31.08.2017, sent pension proposals to the
Accountant General of Entitlements, Chennai consequent upon order of
acquittal awarded by this Court in Crl.A(MD) No.139 of 2015 dated 02.11.2020
in terms of Clause 9(b) of Fundamental Rule 54 within the time frame as
stipulated by this Court.
3.By consent of both parties, this writ petition is taken up for final
disposal at the admission stage itself.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22191 of 2021
4.The case of the petitioner is that while he was working as Revenue
Inspector, a case has been registered by the Vigilance and Anti Corruption
Department and he was also convicted by the trial Court vide its judgment
dated 22.05.2015. Challenging the aforesaid judgment, the petitioner preferred
an appeal in Crl.A.No.139 of 2015 before this Court and this Court, vide its
judgment dated 09.06.2015 has set aside the judgment of conviction passed by
the trial Court. However, pursuant to the order dated 22.05.2015 of the trial
Court convicting this petitioner, the petitioner was dismissed from service.
Thereafter, the petitioner has made a representation on 08.03.2021 to the
respondents requesting to consider the revocation of suspension order as well
as the entitlement for retirement benefits, to which he is entitled to, pursuant to
acquittal in the criminal case. Since no action was forthcoming, the petitioner
approached this Court by way of a Writ Petition in WP(MD)No.13865 of 2021,
which was disposed of by this Court on 09.08.2021 with a direction to the first
respondent/Secretary to take a decision on the representation dated 08.03.2021
submitted by the petitioner, within a period of five months from the date of the
order.
5.The learned Additional Government Pleader would submit that as per
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22191 of 2021
the earlier orders of this Court in WP(MD)No.13865 of 2021, the petitioner's
claim for retirement benefits as claimed in his representation dated 08.03.2021
is under consideration of the first respondent/Secretary and therefore, no further
direction is required in this Writ Petition.
6.The learned counsel for the petitioner submits that the earlier
representation was made for treating the period of suspension as a period of
service and to calculate his service during suspension period for the purpose of
calculating retirement benefits and in the said representation, the petitioner has
made a claim for retirement benefits.
7. Since this Court has already issued a direction to the first respondent
to take a decision on the representation dated 08.03.2021 of the petitioner, the
first respondent while considering the said representation shall also take into
account the petitioner's further representation made by him and if the petitioner
is found eligible for the same, take a decision as directed by this Court in
WP(MD)No.13865 of 2021 by passing appropriate orders in accordance with
law, within a reasonable time, preferably within a period of eight weeks from
the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22191 of 2021
8. With the above direction, the writ petition stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
15.12.2021
Index : Yes / No
Internet : Yes/ No
dn
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To:
1.The State of Tamil Nadu,
rep. by its Principal Secretary to Government,
Revenue and Disaster Management Department,
Secretariat, Fort St. George,
Chennai-600 009
2.The Principal Secretary and Commissioner of
Revenue Administration,
Ezhilagam,
Chepauk,
Chennai-600 005
3.The District Revenue Officer,
Madurai District,
Madurai.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.22191 of 2021
B.PUGALENDHI, J.
dn
W.P(MD)No.22191 of 2021
15.12.2021
https://www.mhc.tn.gov.in/judis
