Madras High Court
S.Tholkappian vs The Principal Secretary on 27 June, 2022
W.P.No.17526 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.17526 of 2020
S.Tholkappian .. Petitioner
vs.
1.The Principal Secretary,
Health & Family Welfare Department,
Government of Tamil Nadu,
Fort St.George, Chennai-9.
2.The Director,
Public Health & Preventive Medicine Department,
Anna Salai, Chennai-600 006.
3.The Director,
Tamil Nadu State Health Transport Department,
Nawas Garden, Race Course Interior Road,
Guindy, Chennai-600 032.
4.The Automobile Engineer (In-Charge),
Regional Workshop (Health),
Nawas Garden, Race Course Interior Road,
Guindy, Chennai-600 032.
5.The President,
Public Health & Preventive Medicine Directorate,
Employees Thrift and Cooperative Society Ltd.,
Anna Salai, Chennai-600 006.
https://www.mhc.tn.gov.in/judis
1
W.P.No.17526 of 2020
6.The Secretary,
Public Health & Preventive Medicine Directorate,
Employees Thrift and Cooperative Society Ltd.,
Anna Salai, Chennai-600 006.
7.S.Ramesh Kumar
8.The Principal Secretary,
Finance Department, Government of Tamil Nadu,
Secretariat, Chennai-9. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus calling for records
relating to communications vide Na.Ka.No.924/A/2018 dated 26.04.2019,
Na.Ka.No.924/A/2018 dated 24.01.2020 and Na.Ka.No.924/A/2018 dated
13.03.2020 issued by the fourth respondent and quash the same and
consequently, to direct the official respondents to disburse the retiral benefits
of the petitioner including encashment of Earned and Unearned Leave on
Private Affairs, Provident Fund, Cooperative Society Deposit Amount,
Contributory Pension Scheme fund with interest @ 18% per annum along
with all other consequential benefits.
For Petitioner : Ms.S.M.Kothai Muthu Meenal
For Respondents : Mr.T.Arunkumar
Additional Government Pleader for R1 to R4 & R8
Mr.M.R.Murugan for R5 & R6
ORDER
The petitioner, challenging the impugned communications of the
fourth respondent dated 26.04.2019, 24.01.2020 and 13.03.2020, directing
the petitioner to clear the loan dues of the seventh respondent and to produce
“No Due Certificate”, has filed the present writ petition.
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W.P.No.17526 of 2020
2. The petitioner availed Cooperative Society loan and the seventh
respondent signed as a surety for him on a mutual understanding that the
petitioner would be surety for the seventh respondent's Cooperative Society
loan. The petitioner had cleared his loan amount from and out of his salary
i.e., before his retirement, but the seventh respondent had committed default
in repayment in view of contemplation of vigilance enquiry against him and
he was placed under suspension. While that being so, the official
respondents, vide impugned communications, demanding the petitioner to
clear the loan dues of the seventh respondent and also to produce “No Due
Certificate” and challenging the same, the petitioner has filed the present writ
petition.
3. Mr.T.Arunkumar, learned Additional Government Pleader for the
respondents 1 to 4 & 8 has relied upon para 14 of the counter affidavit filed
by the third respondent and the same is extracted hereunder:
“14.The above details were communicated and submitted
to the Government vide this office R.No.7583/C5/2019 dated
13.01.2021. It is brought to kind notice of the Hon'ble Court
that Thiru S.Tholkappian has cleared his society loan and there
is no outstanding amount to be recovered from him, whereas
Thiru S.Rameshkumar is alone fully responsible to repay the
balance amount of Rs.6,49,894/- for the loan availed by him
and it would be recovered from his retirement / pensionary
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W.P.No.17526 of 2020
benefits due to him after pending charges are cleared. He had
also agreed and given an undertaking to this Department on
06.12.2021 to settle the whole pending amount due to the
society on sanction of his retirement benefits. However both the
persons in this case are held responsible as per the award dated
20.08.2019 of the Court of the Cooperative Sub-Registrar
(Arbitrator). In the above circumstances, it is submitted that
necessary action will be effected as per the judgment order of
Hon'ble Court.”
In the light of the aforesaid undertaking given by the seventh respondent, the
learned Additional Government Pleader prays for appropriate orders.
4. In the light of the undertaking given by the seventh respondent as
stated above, there is no legal impediment for the respondents to consider the
request of the petitioner for payment of terminal benefits, if he is otherwise
eligible and appropriate orders may be passed as expeditiously as possible
within a period of twelve weeks from the date of receipt of a copy of this
order. It is also made clear that if any default in payment committed by the
seventh respondent, it is always open to the respondents 1 to 4 to proceed
with the surety action against the petitioner and to that extent, the petitioner
shall also file an undertaking affidavit before the authorities concerned.
5. The Writ Petition stands disposed of with the above directions. No
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W.P.No.17526 of 2020
costs.
27.06.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
1.The Principal Secretary,
Health & Family Welfare Department,
Government of Tamil Nadu, Fort St.George, Chennai-9.
2.The Director,
Public Health & Preventive Medicine Department,
Anna Salai, Chennai-600 006.
3.The Director,
Tamil Nadu State Health Transport Department,
Nawas Garden, Race Course Interior Road,
Guindy, Chennai-600 032.
4.The Automobile Engineer (In-Charge),
Regional Workshop (Health),
Nawas Garden, Race Course Interior Road,
Guindy, Chennai-600 032.
5.The President,
Public Health & Preventive Medicine Directorate,
Employees Thrift and Cooperative Society Ltd.,
Anna Salai, Chennai-600 006.
6.The Secretary,
Public Health & Preventive Medicine Directorate,
Employees Thrift and Cooperative Society Ltd.,
Anna Salai, Chennai-600 006.
D.KRISHNAKUMAR. J
https://www.mhc.tn.gov.in/judis
W.P.No.17526 of 2020
Jvm
W.P.No.17526 of 2020
27.06.2022
https://www.mhc.tn.gov.in/judis
