Madras High Court
The Commissioner vs K.Thirumalsamy on 10 October, 2023
W.A.(MD)No.1773 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1773 of 2023
and
C.M.P.(MD)No.13527 of 2023
The Commissioner,
Thoothukudi City Municipal Corporation,
Thoothukudi,
Thoothukudi District. ... Appellant
Vs.
1.K.Thirumalsamy,
Sanitary Inspector,
Thoothukudi City Municipal Corporation,
Thoothukudi,
Thoothukudi District.
2.The Commissioner of Municipal Administration,
Chepauk,
Chennai – 600 005. ...Respondents
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1773 of 2023
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.13808 of 2015, dated 31.10.2022 on the file of
this Court.
For Appellant : Mr.N.Anandakumar
For Respondent No.1 : Mr.S.Louis
For Respondent No.2 : Mr.T.Amjadkhan
Government Advocate
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The Writ Appeal has been instituted challenging the order dated
31.10.2022 passed in W.P.(MD)No.13808 of 2015.
2.Admittedly, departmental disciplinary proceedings were initiated
against the first respondent employee who was holding the post of Sanitary
Inspector at Thoothukudi City Municipal Corporation. The first respondent was
placed under suspension and a charge memo was issued to him on 22.06.2013.
3.It is not in dispute between the parties that the order of suspension was
quashed by this Court in W.P.(MD)No.10940 of 2013 dated 30.07.2013 and
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1773 of 2023
consequently, the charge memo issued was also dropped. Consequently, the first
respondent was exonerated from the departmental disciplinary proceedings. The
first respondent submitted an application for voluntary retirement, which was also
accepted by the employee with effect from 21.01.2015 and accordingly, the
benefits due to the employee are to be settled with effect from 22.01.2015. Even
the voluntary retirement application submitted by the first respondent was directed
to be considered by this Court in another writ petition and the employer
considered the same positively and allowed the first respondent to retire from
service under Voluntary Retirement Scheme.
4.The fact remains that the first respondent employee was absolutely
exonerated from the departmental disciplinary proceedings and therefore, he is
entitled for all terminal and retiral benefits, including salary for the period of
suspension. The learned Judge considered the issues in a right perspective and in
consonance with the Service Rules in force and held that the first respondent is
entitled to receive all the terminal and retirement benefits as per the Rules in force.
Thus, we do not find any infirmity in respect of the findings made in the writ
order.
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W.A.(MD)No.1773 of 2023
5.Accordingly, the Writ Appeal stands dismissed. There shall be no
order as to costs. Consequently, the connected miscellaneous petition is closed.
(S.M.S., J.) & (V.L.N., J.)
10.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MR
To
The Commissioner of Municipal Administration,
Chepauk,
Chennai – 600 005.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1773 of 2023
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
MR
W.A.(MD)No.1773 of 2023
10.10.2023
https://www.mhc.tn.gov.in/judis
