Madras High Court
C.Gandhimathi vs 4 The Director on 11 April, 2022
W.P.No.4552 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.4.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.4552 of 2022
C.Gandhimathi ... Petitioner
Vs.
1 The Director of School Education,
Office of Directorate of School Education,
College Road, Nungambakkam, Chennai 06.
2 Joint Director of School Education (Personnel),
Office Of Directorate of School Education,
College Road, Nungambakkam, Chennai 06
3 Government of Tamil Nadu
Rep. by its Secretary, School Education Dept.,
Fort St. George, Chennai 600 009.
4 The Director,
Directorate of Vigilance And Anti-Corruption,
No.293 M.K.N. Road, Alandur, Chennai 600 016. ... Respondents
(R-3 and R-4 impleaded vide order, dt. 11.03.2022 in W.M.P.No.5763 of 2022)
Prayer : Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Mandamus, directing the respondents to
revoke the order of the 2nd respondent dated 30.05.2014 bearing
R.C.No.67598/A2/S2/2009-1 placing the petitioner under suspension and the
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W.P.No.4552 of 2022
order of the second respondent dated 30.05.2014 bearing R.C.No.67598/
A2/S2/2009-2 not permitting the petitioner to retire and retaining the
petitioner in service and permit the petitioner to retire from service with
effect from 31.05.2014 being the date of superannuation and further direct the
respondents to settle the terminal benefits of the petitioner including arrears
of pension along with interest at the rate of 8% per annum and for costs.
For Petitioner : Mr.Rajan Haridas
For Respondents : Mr.V.Manoharan, A.G.P.
*****
ORDER
According to the petitioner, the petitioner while working as a Typist
in the respondent department, the fourth respondent has preferred a false
complaint against her husband who was working in Tamil Nadu Cements
Corporation Ltd. alleging disproportionate wealth to the known source of the
income. The petitioner was arrayed as A-2 as an abettor. A criminal case has
been registered against the petitioner's husband and the petitioner and the
same was tried by the VI Additional Judge, City Civil Court, Chennai and the
trial Court by judgment, dated 3.2.2009 in C.C.No.12 of 2002 acquitted both
the petitioner and her husband from the charges. However, the prosecution
has preferred Criminal Appeal No.162 of 2010 before this Court. During the
pendency of the appeal, the petitioner attained the age of superannuation on
31.5.2014. However, the second respondent issued order, dated 30.5.2014
stating that the petitioner was not permitted to retire on reaching the date of
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W.P.No.4552 of 2022
superannuation i.e. on 31.5.2014 on the ground that the criminal Appeal
No.162 of 2010 is pending before this Court. According to the petitioner,
subsequently, the aforesaid Criminal Appeal No.162 of 2010 was also dismissed
by judgment dated 13.2.2010. The petitioner made representation to the
respondents for revocation of suspension order and to settle the terminal
benefits to the petitioner with effect from 31.5.2014 being the date of
superannuation including the interest at the rate of 8% p.a. However, the
respondent without any justification, terminal benefits, Pension and other
monetary dues are not disbursed to the petitioner. Therefore, the petitioner
has filed the present writ petition before this Court.
2. When the matter came before this Court for admission on
11.3.2022, the Additional Government Pleader takes notice for the respondents
and again the matter was adjourned three times, however, no counter
affidavit has been filed.
3. The learned Additional Government Pleader appearing for the
respondents on written instructions would submit that no further appeal has
been preferred by the DVAC before the Hon'ble Supreme Court against the
judgment passed by this Court in Criminal Appeal No.162 of 2010. According to
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W.P.No.4552 of 2022
the learned Additional Government Pleader appearing for the respondents, no
departmental proceedings are pending against the petitioner and therefore,
the respondent will consider the representation of the petitioner and pass
appropriate orders in accordance with law.
4. Admittedly, the criminal case registered against the petitioner in
C.C.No.12 of 2002 ended in acquittal by judgment of the trial Court, dated
3.2.2009 and the appeal preferred by the fourth respondent in Criminal Appeal
No.162 of 2010 was also dismissed by this Court and it is informed to this Court
that no further appeal has been preferred by the DVAC before the Hon'ble
Supreme Court and no further disciplinary proceedings initiated by the
respondent against the petitioner. Such view of the matter, the petitioner is
entitled for terminal benefits as claimed in the representation, dated 5.8.2020
and reminder dated 1.2.2021.
5. In the light of judgment dated 13.2.2020, passed in Criminal
Appeal No.162 of 2010, this Court is inclined to direct the second respondent
to consider the representation, dated 5.8.2020 and reminder dated 1.2.2021
and pass appropriate orders for revocation of suspension order and also against
the orders not permitting the petitioner to retire from service on attaining
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W.P.No.4552 of 2022
superannuation and also directed to pay terminal benefits to the petitioner as
per law, as expeditiously as possible, preferably within a period of twelve
weeks from the date of receipt of copy of the order.
6. With the above directions, the writ petition stands disposed of.
No costs.
11.04.2022
Speaking / Non Speaking order
Index : Yes/No
Internet : Yes/No
vaan
To
1 The Director of School Education,
College Road, Nungambakkam, Chennai 06.
2 Joint Director of School Education (Personnel),
College Road, Nungambakkam, Chennai 06
3 The Secretary, Government of Tamil Nadu, School Education Dept.,
Fort St. George, Chennai 600 009.
https://www.mhc.tn.gov.in/judis
W.P.No.4552 of 2022
D.KRISHNAKUMAR, J.
vaan
W.P.No.4552 of 2022
Dated: 11.4.2022
https://www.mhc.tn.gov.in/judis
