Madras High Court
Ekkambaram vs The Commissioner And Directorate on 25 September, 2023
WP.No.6695/2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.09.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
WP.No.6695/2017
Ekkambaram ... Petitioner
Versus
1.The Commissioner and Directorate
Department of Survey and Land Records
Government of Tamil Nadu
Ezhilagam, Chennai – 5.
2.The Regional Deputy Director,
Survey and Land Records,
Ezhilagam, Chennai-5.
3.The Assistant Director of Survey
and Land Records
7th Floor, Singaravelan Building
Rajaji Salai, Chennai. ... Respondents
Prayer : - Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of certiorarified mandamus calling for the
records relating to the proceedings of the 3rd respondent vide his proceedings
RC.A4/2236/2010 dated 26.04.2012. quash the same, consequently direct
the 3rd respondent to pay the back wages, retirement benefits, arrears,
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WP.No.6695/2017
pension benefits and other monetary benefits with interest at the rate
prescribed by this Court within the stipulated time.
For Petitioner : Mrs. L.Srilekha
For Respondents : Mr.S.Ravikumar, Spl.GP
ORDER
(1) The writ petition has been filed in the nature of a certiorarified
mandamus seeking records relating to the proceedings of the 3rd
respondent, Assistant Director of Survey and Land Records at
Chennai, in proceedings RC.A4/2236/2010 dated 26.04.2012 and to
quash the same and to direct the 3rd respondent to pay the back
wages, retirement benefits, arrears, pension benefits and other
monetary benefits.
(2) The petitioner had joined as Record Clerk in the respondent
Department in the year 1982. He was then subsequently promoted till
the post of Assistant. There was a complaint against the petitioner
before the Office of the Vigilance and Anti Corruption, Chennai, as if
the petitioner had demanded bribe. The petitioner was placed under
suspension by an order dated 20.05.2010. Parallelly, a criminal
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WP.No.6695/2017
complaint was also lodged and on investigation, Final Report was
taken cognizance as CC.No.27/2011 and assigned a new
CC.No.22/2011 before the Special Court for Cases under Prevention
of Corruption Act at Chennai. It is stated that by a judgment dated
31.08.2016, the petitioner had been acquitted of all charges. Under
those circumstances the present writ petition has been filed seeking to
quash the orders passed by the 3rd respondent and to permit the
petitioner to retire from service and to pay the consequential
retirement benefits.
(3) The learned Special Government Pleader had forwarded the
proceedings dated 21.10.2019 in Na.Ka.A5/2236/2010[1] by which
the petitioner had been permitted to retire. It is contended by the
learned Special Government Pleader that all the retirement benefits
had also been paid to the petitioner herein. In the records given by the
learned Special Government Pleader, the details of the retirement
benefits paid to the petitioner, had also been given and it is the
contention of the learned Special Government Pleader that the
petitioner had been paid with all the retirement benefits which are
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WP.No.6695/2017
payable to him.
(4) In view of this particular stand taken, no further issue arise for
adjudication in this writ petition and therefore, recording the said
statement, the writ petition stands disposed of.
(5) The learned counsel for the petitioner however stated that the period
of suspension should be treated as one 'on duty' and sought monetary
benefits to be paid for that particular period. It is contended that a
separate representation dated 27.08.2020 had been given in that
regard, but that the same had been rejected by the order dated
08.09.2020.
(6) That is separate cause and if the petitioner is aggrieved, the petitioner
may take necessary steps questioning that particular order in manner
known to law. No costs.
25.09.2023
AP
Internet : Yes
To
https://www.mhc.tn.gov.in/judis
WP.No.6695/2017
1.The Commissioner and Directorate
Department of Survey and Land Records
Government of Tamil Nadu
Ezhilagam, Chennai – 5.
2.The Regional Deputy Director,
Survey and Land Records,
Ezhilagam, Chennai-5.
3.The Assistant Director of Survey
and Land Records
7th Floor, Singaravelan Building
Rajaji Salai, Chennai.
https://www.mhc.tn.gov.in/judis
WP.No.6695/2017
C.V.KARTHIKEYAN, J.,
AP
WP.No.6695/2017
25.09.2023
https://www.mhc.tn.gov.in/judis
