Madras High Court
P.Jeevanandham vs The District Revenue Officer on 29 March, 2022
W.P.No.7992 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.7992 of 2020
P.Jeevanandham .. Petitioner
vs.
1.The District Revenue Officer,
Tiruppur.
2.The District Collector,
Tiruppur. .. Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus directing the respondents to
consider and pass orders on the petitioner's representation dated 22.05.2017,
within the time, stipulated by this Court on merits and as per law.
For Petitioner : Mr.K.V.Sridharan
For Respondent : Mr.M.Bindran
Additional Government Pleader
ORDER
The prayer in the Writ Petition is for a Mandamus directing the
respondents to consider and pass orders on the petitioner's representation
dated 22.05.2017, within the time stipulated by this Court on merits and as
per law.
https://www.mhc.tn.gov.in/judis
W.P.No.7992 of 2020
2. The petitioner, who was working as Assistant in Tiruppur Taluk
Office, was arrested on 01.06.1999 by the Vigilance and Anti Corruption
Coimbatore Wing for accepting a sum of Rs.6,000/- as bribe for issuance of
Solvency Certificate from Thiru. N.Subramaniam. A criminal case was filed
against the petitioner under Sections 7, 13(2) r/w. 13(1)(d) of the Prevention
of Corruption Act, 1988 and he was placed under suspension, vide order
dated 02.06.1999. The petitioner was convicted by the Criminal Court and
based on the conviction, he was dismissed from service from 11.09.2003.
Aggrieved against the judgment of conviction, the petitioner preferred an
appeal before this Court in C.A.No.1495 of 2003 and the vide judgment
dated 22.03.2011, the conviction and sentence was set aside. Based on the
judgment of acquittal, the petitioner has requested the respondents to
regularize his period of suspension and dismissal period [01.06.1999 to
10.09.2003 & 11.09.2003 to 22.11.2016] as duty period by submitting a
representation dated 22.05.2017 and since the petitioner's representation is
kept pending without passing any orders, the petitioner has filed the present
writ petition.
https://www.mhc.tn.gov.in/judis
W.P.No.7992 of 2020
3. The first respondent has filed a Status Report stating that a proposal
was submitted to the Principal Secretary / Commissioner of Revenue
Administration for regularization of the petitioner's absence period to treat as
duty period under Rule 54(B) of the Fundamental Rules and however, the
individual was allowed to retire from service on 28.02.2017 on attaining
superannuation. Regarding payment of benefits to the petitioner, the Revenue
Secretary to Government has to pass an order by regularizing the absence
period [01.06.1999 to 10.09.2003 and 11.09.2003 to 22.11.2016] as duty
period by directing the Collector, Tiruppur to pay the benefits eligible to the
petitioner. It is further stated in the Status Report that regularizing the
period of suspension and dismissal of the petitioner, the Government has to
pass orders and it is awaited.
4. It is to be noted that the petitioner has not arrayed the Secretary to
Government, Revenue Department as party in this writ petition.
5. Recording the aforesaid stand taken by the first respondent in the
Status Report, this Court directs the petitioner to approach the Secretary to
Government, Revenue Department, Government of Tamil Nadu and make a
https://www.mhc.tn.gov.in/judis
W.P.No.7992 of 2020
D.KRISHNAKUMAR. J
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request for regularization of the petitioner's absence period as duty period as
well as payment of terminal benefits and appropriate orders may be passed on
the petitioner's request at the earliest.
6. The Writ Petition stands disposed of with the above direction. No
costs.
29.03.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
1.The District Revenue Officer, Tiruppur.
2.The District Collector, Tiruppur.
Copy to
The Secretary to Government,
Revenue Department, Government of Tamilnadu,
Fort St.George, Chennai-600 009.
W.P.No.7992 of 2020
https://www.mhc.tn.gov.in/judis
