Madras High Court
S.Shanmugavel vs The Government Of Tamil Nadu on 3 February, 2021
W.A.(MD)Nos.170 and 172 to 179 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.170 and 172 to 179 of 2021
and
C.M.P.(MD)Nos.552, 554, 563, 564, 568, 573, 574, 578 and 567 of 2021
W.A.(MD)No.170 of 2021:-
S.Shanmugavel ... Appellant
Vs.
1.The Government of Tamil Nadu,
Rep. by its Secretary,
Higher Education (G2) Department,
Secretariat, Chennai – 9.
2.The Director of Collegiate Education,
E.V.K. Sampath Maligai,
College Road, Chennai – 6.
3.The Regional Joint Director,
Vaithiyanatha Iyer 1st Street,
Shenoy Nagar, Madurai – 20. ... Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent, against the order
passed by this Court in W.P.(MD)No.14975 of 2014, dated 08.12.2020.
For Appellant : Mr.E.V.N.Siva
http://www.judis.nic.in
1/5
W.A.(MD)Nos.170 and 172 to 179 of 2021
For Respondents : Mr.K.P.Krishnadoss
Special Government Pleader
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
These Writ Appeals arise in a peculiar circumstance. Though writ
petitions were filed by a number of employees similarly placed, there is a
distinction among themselves being in service and retired. The learned Single
Judge passed an order that the writ petitioners, those who have got retired,
would be entitled to receive the pension along with other benefits without going
through the rigour of recovery.
2.The learned counsel appearing for the appellants submitted that
what has been challenged is an inter departmental communication. Therefore,
the appellants were ill-advised to challenge the same without awaiting for the
recovery orders against them, which is likely to be passed henceforth. In such
view of the matter, permission may be granted to withdraw the writ petitions
with liberty to challenge the recovery orders to be passed.
3.The learned Special Government Pleader appearing for the
respondents submitted that recovery orders are yet to be passed and it is the
appellants, who warranted the order.
http://www.judis.nic.in
2/5
W.A.(MD)Nos.170 and 172 to 179 of 2021
4.Considering the above said submissions made, we are inclined to
permit the appellants to withdraw the writ petitions. When the similarly placed
persons who are in service, get the benefits, the retired persons also can get the
same benefits. Furthermore, recovery orders are yet to be passed. The
impugned order is a departmental communication between two parties. We are
also find that no cause of action as on today to challenge the impugned order.
5.In such view of the matter, we are inclined to permit the appellants
to withdraw the writ petitions insofar as the challenge made by them is
concerned.
6.In view of the above, these Writ Appeals are disposed of. The order
passed by the learned Single, dated 08.12.2020, made in W.P.(MD)Nos.14975,
15417, 16379, 15267, 14977, 14976, 15217 & 15504 of 2014 and 5376 of 2015
is set aside, insofar the present appellants are concerned. W.P.(MD)Nos.14975,
15417, 16379, 15267, 14977, 14976, 15217 & 15504 of 2014 and 5376 of 2015
are dismissed as withdrawn. Liberty is given to the appellants herein/writ
petitioners to challenge the recovery orders to be passed in future. No costs.
Consequently, connected Miscellaneous Petitions are closed.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes 03.02.2021
http://www.judis.nic.in
3/5
W.A.(MD)Nos.170 and 172 to 179 of 2021
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 Secretary to Government of Tamil Nadu,
Higher Education (G2) Department,
Secretariat, Chennai – 9.
2.The Director of Collegiate Education,
E.V.K. Sampath Maligai,
College Road, Chennai – 6.
3.The Regional Joint Director,
Vaithiyanatha Iyer 1st Street,
Shenoy Nagar, Madurai – 20.
http://www.judis.nic.in
4/5
W.A.(MD)Nos.170 and 172 to 179 of 2021
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
smn2
Common Judgment in
W.A.(MD)Nos.170 and 172 to 179 of 2021
03.02.2021
http://www.judis.nic.in
