Madras High Court
K.Pushpavathi vs The Principal Secretary To Government on 17 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.30453 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.30453 of 2024
K.Pushpavathi .. Petitioner
Vs.
1.The Principal Secretary to Government,
Revenue Department,
Secretariat,
Chennai – 600 009.
2.The Additional Chief Secretary,
Revenue and Disaster Management Department,
Service Wing, Ser-7(1) Section,
Secretariat,
Chennai – 600 009.
3.The Commissioner of Revenue Administration,
Chepauk,
Chennai – 600 005.
4.The District Collector,
Collectorate,
Kallakurichi,
Kallakurichi District – 605 757.
5.The Revenue Divisional Officer,
Ulundhurpettai,
Kallakurichi District – 605 757. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
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W.P.No.30453 of 2024
praying to issue a Writ of Mandamus directing all the respondents to
consider the representation dated 24.04.2024 and subsequently direct the
respondents to revoke the order passed by the Sub-Collector, Thirukoilur
dated 08.01.2018 in Na.Ka.No.A1/1086/2002 and directs to release the
arrear amount for the period of 12 years, 01 month and 3 days.
For Petitioner : Mr.J.Jaya Bharath
For Respondents : Mr.G.Velu
Additional Government Pleader
ORDER
This writ petition has been filed for the issue of writ of mandamus
directing the respondents to consider the representation made by the
petitioner on 24.04.2024, wherein the petitioner has sought for revocation
of the order passed on 08.01.2018 and for the release of the arrears of the
amount payable to the petitioner for a period of 12 years 1 month and 3
days within the time frame fixed by this Court.
2.Heard the learned counsel for the petitioner and the learned
Additional Government Pleader for the respondents.
3.The case of the petitioner is that her husband was appointed as
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Village Administrative Officer in the year 1982. By proceedings dated
03.03.1983, the Sub Collector, Thirukoilur, placed the petitioner's
husband under suspension on the ground that an enquiry is going to be
initiated for grave charges. An FIR came to be registered in Crime
No.104 of 1984, which resulted in the filing of the final report which was
taken on file in C.C.No.380 of 1989 before the learned Judicial
Magistrate No.III, Ulundurpettai. The petitioner's husband underwent
trial and ultimately, by judgment dated 30.06.1993, he was acquitted
from all charges.
4.Pursuant to the above, the suspension order was revoked by the
Revenue Divisional Officer, Thirukoilur, through proceedings dated
03.08.1993 and the petitioner's husband was reinstated into service. He
rejoined as Village Administrative Officer at Kottamarudhur.
5.Thereafter on 23.12.2006, a charge memo was issued against the
petitioner's husband to initiate proceedings under Rule 17(b) of the Tamil
Nadu Civil Service (Discipline and Appeal) Rules. By proceedings dated
13.10.2008, the Revenue Divisional Officer, Thirukoilur, imposed a
punishment of stoppage of increment for two years with cumulative
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effect.
6.Another criminal case came to be registered against the
petitioner's husband for which he underwent trial in C.C.No.89 of 2002
before the learned Judicial Magistrate, Ulundurpettai. The petitioner's
husband was convicted and sentenced by judgment dated 27.02.2007.
Aggrieved by the same, an appeal was filed in Crl.A.No.14 of 2007 and
the judgment of the Trial Court was set aside and also the conviction and
sentence imposed by the Trial Court was set aside by the Appellate Court
by judgment dated 28.09.2007 in so far as imprisonment is concerned
and it was confirmed in so far as payment of fine.
7.In view of the above, the petitioner's husband was dismissed
from service. Subsequently, the dismissal order passed against the
petitioner's husband was revoked by the Revenue Divisional Officer by
proceedings dated 27.10.2011. The petitioner's husband was reinstated
into service. He died on 10.12.2011 leaving behind the petitioner, one
son and a daughter. The retirement benefits of the petitioner's husband
was subsequently released pursuant to the order passed by the Sub
Collector, Thirukoilur, on 14.05.2012.
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8.The grievance of the petitioner is that the period of suspension
was not regularized and therefore, the petitioner made a representation in
this regard on 24.04.2024 directing to release of the amount for the said
period. Since, it was not considered, the present writ petition has been
filed before this Court.
9.Taking into consideration the facts and circumstances of the case
and the relief sought for in the writ petition, without going into the merits
of the case, there shall be a direction to the 5th respondent to deal with the
representation made by the petitioner on 24.04.2024 on its own merits
and in accordance with law and appropriate orders shall be passed within
a period of eight (8) weeks from the date of receipt of a copy of this
order.
10.The petitioner is directed to make a fresh representation to the
5th respondent along with all the relevant documents and also a copy of
this order.
11.In the result, this Writ Petition is disposed of with the above
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directions. No costs.
17.10.2024
krk
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
To
1.The Government of Tamil Nadu,
1.The Principal Secretary to Government,
Revenue Department,
Secretariat, Chennai – 600 009.
2.The Additional Chief Secretary,
Revenue and Disaster Management Department,
Service Wing, Ser-7(1) Section,
Secretariat, Chennai – 600 009.
3.The Commissioner of Revenue Administration,
Chepauk, Chennai – 600 005.
4.The District Collector,
Collectorate,
Kallakurichi, Kallakurichi District – 605 757.
5.The Revenue Divisional Officer,
Ulundhurpettai,
Kallakurichi District – 605 757.
N.ANAND VENKATESH, J.
krk
https://www.mhc.tn.gov.in/judis
17.10.2024
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