Madras High Court
The Chairman And Managing ... vs V.Murugan on 3 March, 2021
W.A(MD)No.1429 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)No.1429 of 2017
and
C.M.P(MD)No.10909 of 2017
1.The Chairman and Managing Director,
Tamil Nadu Civil Supplies Corporation,
12,Thambusamy Road,
Kilpauk,
Chennai – 600 010.
2.The Regional Manager,
Tamil Nadu Civil Supplies Corporation,
Thoothukudi Region,
SIPCOT Area,
Thoothukudi. ... Appellants/Petitioners
Vs.
V.Murugan ... Respondent/Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 30.11.2016 made in W.P(MD)No.10587 of 2012
on the file of this Court.
For Appellants : Mr.P.Seetharaman
For Respondent : No appearance
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W.A(MD)No.1429 of 2017
JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
The Writ Appeal is directed against the order passed by the
learned Single Judge in W.P(MD)No.10587 of 2012, dated 30.11.2016.
2.It is also stated that Mr.S.Muthalraj, learned counsel for the
respondent is no more having passed away a week ago, with regret,
we record the same.
3.Originally, the respondent/writ petitioner had filed the said
Writ Petition to issue a Writ of Certiorarified Mandamus, to quash the
order passed by the second appellant, dated 25.02.2011, who found
the writ petitioner to be guilty of all the charges and imposed with a
punishment of cut in increment for a period of six months with
cumulative effect.
4.The learned Single found that the very charges framed were
not proper and the enquiry conducted was also not in accordance with
law and found that the entire proceedings are smacked with malafides
and set aside the order of the first and second appellants. It was
further directed to settle all the pensionary benefits to the writ
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W.A(MD)No.1429 of 2017
petitioner, as he attained the age of superannuation on 30.12.2015.
Aggrieved by the said order of the learned Single Judge, the appeal
has been preferred by the Tamil Nadu Civil Supplies Corporation.
5.The learned counsel appearing for the appellants would submit
that the entire pensionary benefits and other service benefits due to
the writ petitioner were already disbursed, excepting what was
indicated in the punishment passed by the second appellant. Now, it is
represented that it is only a sum of Rs.3,366/- and that they would
also agree to pay the said amount to the writ petitioner. The said
statement is recorded.
6.Accordingly, the second appellant is directed to disburse the
said amount to the writ petitioner within a period of four weeks from
the date of receipt of a copy of this order.
7.With the above direction, the Writ Appeal is disposed of. No
costs. Consequently, connected Miscellaneous Petition is closed.
[P.S.N.,J] [S.K.,J.]
03.03.2021
Index :Yes/No
Internet :Yes/No
ps
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W.A(MD)No.1429 of 2017
Note : The Registry is directed to send
a copy of the order to the
respondent, since the learned
counsel for the respondent is
no more.
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.1429 of 2017
To
1.The Chairman and Managing Director,
Tamil Nadu Civil Supplies Corporation,
12,Thambusamy Road,
Kilpauk,
Chennai – 600 010.
2.The Regional Manager,
Tamil Nadu Civil Supplies Corporation,
Thoothukudi Region,
SIPCOT Area,
Thoothukudi.
http://www.judis.nic.in
W.A(MD)No.1429 of 2017
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
W.A(MD)No.1429 of 2017
03.03.2021
http://www.judis.nic.in
