Madras High Court
P.Subramani vs The Director Of Public Health on 1 March, 2022
W.P.No.4403 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.4403 of 2022
and
W.M.P.No.4535 of 2022
P.Subramani ... Petitioner
vs.
1.The Director of Public Health
and Preventive Medicine,
Teynampet,
Chennai – 600 006.
2.The Deputy Director of Health Services,
Dharmapuri.
3.The Deputy Director of Health Services,
Krishnagiri.
4.The Accountant General of Tamil Nadu,
No.361, Anna Salai,
Teynampet,
Chennai – 600018. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, to direct the respondents to
regularize the period of Suspension underwent by the petitioner from
1/7
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W.P.No.4403 of 2022
20.03.1998 to 21.07.2000 as duty period for all purpose and to accordingly
sanction and disburse Pension and other pensionary benefits including
arrears of pension, provident fund, gratuity, commutation of pension,
encashment of earned leave within a stipulated period of time.
For Petitioner : Mr.R.Prem Narayan
For R1 to R3 : Mr.A.M.Ayyadurai
Government Advocate
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus
directing the respondents to regularize the period of Suspension underwent
by the petitioner from 20.03.1998 to 21.07.2000 as duty period for all
purpose and to accordingly sanction and disburse Pension and other
pensionary benefits including arrears of pension, provident fund, gratuity,
commutation of pension, encashment of earned leave within a stipulated
period of time.
2. Heard the learned counsel appearing for the petitioner and the
learned Government Advocate appearing for the respondents 1 to 3.
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W.P.No.4403 of 2022
3. The case of the writ petitioner is that he was placed under
suspension with effect from 13.09.2002, on account of his arrest in Crime
No.277 of 2002 for the offences under Section 15(2)(b) an (3) of the Indian
Medical Council Act and Section 354 of IPC, while he was working as
Pharmacist. The Judicial Magistrate, Pochampally convicted the petitioner
in the said case in C.C No.187 of 2002 vide judgment dated 23.01.2004.
Against the said conviction, the petitioner preferred an appeal in C.A No.5 of
2004 before the I Additional Sessions Court, Krishnagiri, and by judgment
dated 19.09.2006, the judgment passed by the trial Court was set aside and
the case was remanded back to the trial Court for fresh disposal.
Challenging the said judgment, the petitioner has preferred Crl.R.C No.418
of 2009 before this Court and the same was dismissed on 17.02.2010. Again,
the petitioner was convicted by the trial Court and challenging the aforesaid
conviction, the petitioner preferred an appeal in C.A No.36 of 2010 and the
said criminal appeal was also dismissed confirming the judgment made in
C.C No.187 of 2002. Challenging the said judgment, the petitioner has filed
Crl.R.C No.1340 of 2012 before this Court and by an order dated
27.03.2018, this Court allowed the said criminal revision by setting aside the
judgment of the trial Court and the first Appellate Court and acquitted the
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W.P.No.4403 of 2022
petitioner from the aforesaid criminal charges.
4.According to the writ petitioner, the aforesaid order of dismissal was
based on the ground of conviction in the criminal case and no departmental
proceedings was initiated against the petitioner. Therefore, challenging the
aforesaid order of dismissal, the petitioner has filed W.P No.24410 of 2010
before this Court and this Court, by an order dated 01.10.2019 directed the
respondents to consider and pass orders on the representation of the
petitioner dated 31.10.2018. After the orders passed in the aforesaid petition,
the petitioner submitted a representation to the respondents, requesting to
cancel the order of dismissal in the light of the subsequent judgment passed
in criminal revision case. Thereafter, the first respondent passed an order
cancelling the order of dismissal from service dated 06.10.2004 and treating
the period of suspension from 13.09.2002 to 14.10.2004 as duty period for all
purpose under F.R 54 with full pay and allowance and also permitting him to
retire from service with effect from 31.05.2016, i.e the date on which he
attained the age of superannuation. Though the petitioner was allowed to
retire from service with effect from 31.05.2016, he is yet to receive the
benefits and other retirement benefits. The respondents informed the
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W.P.No.4403 of 2022
petitioner that the period of suspension underwent by the petitioner from
20.03.1998 to 21.07.2000, on account of his arrest in Crime No.194 of 1998
was not regularised. Therefore, again the petitioner sent a representation on
23.11.2020 to the second respondent to regularize the said period of
suspension and settle the retirement benefits. The petitioner was allowed to
retire from service with effect from 31.05.2016 vide order dated 02.07.2020.
But, till date, he has not been sanctioned any pension and other retirement
benefits by the respondent.
5. The primordial contention of the writ petitioner is that the
respondent has not disbursed the terminal benefits to the petitioner for a long
period. Therefore, he made a representation to the third respondent to
disburse the pension and other retirement benefits without any further delay
in the aforesaid backdrop.
6. The learned counsel for the petitioner has also made a request before
this Court to direct the third respondent to consider the petitioner's
representation dated 21.12.2021.
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W.P.No.4403 of 2022
7. In view of the aforesaid prayer sought for by the petitioner, the third
respondent is directed to consider the petitioner's representation dated
21.12.2021 and pass appropriate orders on its own merits and in accordance
with law, as expeditiously as possible, more preferably, within a period of
twelve weeks from the date of receipt of a copy of this order.
8. With the above directions, the writ petition is disposed of. No costs.
Consequently, connected Miscellaneous Petition is closed.
01.03.2022
Index : Yes / No
Internet : Yes / No
uma/ata
To
1.The Director,
Public Health and Preventive Medicine,
Teynampet,
Chennai – 600 006.
2.The Deputy Director,
Public Health Services,
Dharmapuri.
3.The Deputy Director,
Public Health Services,
Krishnagiri.
4.The Accountant General,
Government of Tamil Nadu,
No.361, Anna Salai,
Teynampet, Chennai – 600018.
https://www.mhc.tn.gov.in/judis
W.P.No.4403 of 2022
D.KRISHNAKUMAR. J
ata/uma
W.P.No.4403 of 2022
and
W.M.P No.4535 of 2022
01.03.2022
https://www.mhc.tn.gov.in/judis
