Madras High Court
The Managing Trustee vs The Joint Commissioner on 2 June, 2021
W.A.(MD)No.1055 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1055 of 2021
and
C.M.P.(MD)No.4740 of 2021
The Managing Trustee
Arulmigu Kottai Mariamman Thirukovil
West Car Street, Dindigul Town,
Dindigul District. ...Appellant
Vs.
1.The Joint Commissioner
Hindu Religious and Charitable Endowment Department,
Madurai.
2.V.S.Sathalingam ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order passed in W.P.(MD)No.1175/2019, dated 31.01.2019, on the
file of this Court.
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1/6
W.A.(MD)No.1055 of 2021
For Appellant : Mr.G.Muruggan
For 1st Respondent : Mr.R.Baskaran
Standing Counsel for Government
For 2nd Respondent : Mr.V.P.Rajan
JUDGMENT
************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.G.Muruggan, learned Counsel appearing for the
appellant and Mr.R.Baskaran, learned Standing Counsel for Government
appearing for the first respondent.
2. With the consent on either side, the writ appeal itself is taken up for
final disposal.
3.This appeal filed by the Managing Trustee of the Arulmigu Kottai
Mariamman Thirukovil, Dindigul, is directed against the order, dated
31.01.2019 passed in W.P.(MD)No.1175 of 2019.
4.The facts disclosed that the second respondent / writ petitioner was
proceeded departmentally and an order of removal from service
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W.A.(MD)No.1055 of 2021
dated 14.05.2006, was passed against him. The second respondent challenges
the said order by filing an appeal before the Joint Commissioner, Hindu
Religious and Charitable Endowments Department, Madurai in A.P.No.01 of
2006. For 13 long years, the appeal was not taken up for disposal and
ultimately, by order, dated 06.03.2018, the Joint Commissioner, allowed the
appeal, set aside the order of removal and remanded the matter for fresh
consideration. It is thereafter, the petitioner has made a request for payment of
subsistence allowance. The legal position is that once an order of removal from
service is set aside, it is deemed that the second respondent / writ petitioner is
an employee and since he has not been allowed to work, the status-quo which
was prevailing prior to the order of removal from service should continue
i.e., he should continue to be placed under suspension till the matter is
concluded in the denovo proceedings.
5. Furthermore, we note that the learned Single Bench has directed
payment of subsistence allowance only from the date, on which, the Joint
Commissioner, passed an order on 06.03.2018.
6.Mr.G.Muruggan, learned counsel appearing for the appellant
submitted that the second respondent / writ petitioner should establish that he
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W.A.(MD)No.1055 of 2021
was not gainfully employed during the said period. This issue was never
canvassed by the appellant at any earlier point of time. In any event, the appeal
was kept pending for 13 long years, for no fault committed by the second
respondent and therefore, we find that the order and direction issued by the
learned Single Bench is perfectly justified and calls for no interference.
7.Accordingly, the writ appeal is dismissed and the order and
direction issued by the learned Single Bench is directed to be complied with by
the appellant within a period of two weeks from the date of receipt of the copy
of this Judgment. No costs. Consequently, connected miscellaneous petition is
closed.
[T.S.S., J.] & [S.A.I., J.]
02.06.2021
Index : Yes / No
Internet : Yes / No
RM/rmi
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.
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W.A.(MD)No.1055 of 2021
To
The Joint Commissioner
Hindu Religious and Charitable Endowment
Department,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1055 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
RM/rmi
JUDGMENT MADE IN
W.A.(MD)No.1055 of 2021
02.06.2021
https://www.mhc.tn.gov.in/judis/
