Madras High Court
A.K.Chellamuthu vs The District Collector on 12 July, 2021
W.P(MD)No.11052 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :12.07.2021
CORAM
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.11052 of 2021
A.K.Chellamuthu ... Petitioner
Vs.
1.The District Collector,
Dindigul District.
2.The Revenue Divisional Officer,
Palani, Dindigul District. ... Respondents
RAYER: Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents
more particularly the second respondent to consider the representation,
dated 09.04.2021 and pass appropriate orders for making payment of all
the monetary service benefits to the petitioner including salary and
unearned leave salary till his retirement and the subsequent retirement
benefits including pension from the date of his retirement within a time
frame as fixed by this Court.
For Petitioner : Mr.D.Venkatesh
For R1 & R2 : Mr.K.S.Selvaganesan
Government Advocate
https://www.mhc.tn.gov.in/judis/
1/6
W.P(MD)No.11052 of 2021
ORDER
This writ petition has been filed by the petitioner for a
direction to the second respondent to consider the representation, dated
09.04.2021 and pass appropriate orders for making payment of all the
monetary service benefits to the petitioner including salary and unearned
leave salary till his retirement and the subsequent retirement benefits
including pension from the date of his retirement within a time frame as
fixed by this Court.
2. According to the petitioner, while he was working as
Village Administrative Officer at Thalaiyuthu Village, he was arrested on
20.04.2010 based on the trap laid by the Directorate of Vigilance and Anti
Corruption, for accepting bribe. The petitioner was suspended from
service by the order, dated 21.04.2010. The petitioner was convicted in the
criminal case in S.C.No.36 of 2014 by the Chief Judicial Magistrate,
Dindigul. The petitioner filed an appeal in Crl.A(MD)No.196 of 2016
challenging the judgment in S.C.No.36 of 2014. Pending criminal case,
the petitioner attained the age of superannuation on 31.10.2010, but he was
not permitted to retire from service in view of the pendency of the criminal
case. The respondents from the month of July 2016 stopped the payment
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11052 of 2021
of subsistence allowance also. The petitioner filed a writ petition in
W.P(MD)No.12248 of 2018 for payment of subsistence allowance, while
so, the second respondent by proceedings, dated 15.06.2018 dismissed the
petitioner from service with effect from 26.05.2015 based on his
conviction in the criminal case in S.C.No.36 of 2014. Therefore, this
Court, by judgment, dated 18.12.2020, allowed the criminal appeal in
Crl.A(MD)No.196 of 2016 and acquitted the petitioner. The petitioner
gave representation, dated 09.04.2021, requesting the respondents to pay
full salary till his retirement, payment of pension and un-earned leave
salary. Since no order was passed by the respondents, the petitioner has
come out with the present writ petition.
3. Heard the learned counsel appearing for the petitioner and
the learned Government Advocate appearing for the respondents and
perused the materials available on record.
4. From the materials on record, it is seen that by order, dated
15.06.2018 the petitioner was dismissed from service based on the
conviction rendered by the learned Chief Judicial Magistrate, Dindigul,
vide judgment, dated 29.05.2016. The Criminal Appeal in Crl.A(MD)No.
196 of 2016 filed by the petitioner challenging the order of conviction, was
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11052 of 2021
allowed by this Court, by judgment, dated 18.12.2020 and the petitioner
was acquitted. After acquittal, the petitioner gave representation, dated
09.04.2021, to the respondents for payment of monetary benefits.
5. In view of the fact that the petitioner was dismissed from
service based on the conviction rendered by the trial Court in S.C.No.36
of 2014, which was subsequently, set aside by this Court in Crl.A(MD)No.
196 of 2016, vide judgment dated 18.12.2020, the respondents are directed
to consider the representation of the petitioner, dated 09.04.2021, for
payment of his retirement benefits, including the pension and other
benefits, within a period of four weeks from the date of receipt of a copy of
this order.
6. With the above direction, the writ petition is allowed. No
costs.
12.07.2021
Index:Yes/No
Internet:Yes/No
am
Note:(i) 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.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11052 of 2021
To
1.The District Collector,
Dindigul District.
2.The Revenue Divisional Officer,
Palani, Dindigul District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.11052 of 2021
V.M.VELUMANI, J.
am
W.P(MD)No.11052 of 2021
12.07.2021
https://www.mhc.tn.gov.in/judis/
