Madras High Court

M.S.Jeganathan vs The State Of Tamil Nadu on 18 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                      W.A.(MD) Nos.1572 and 1573 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 18.09.2024

                                                        CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                         W.A.(MD)Nos.1572 and 1573 of 2024

                 W.A.(MD)No.1572 of 2024:-

                 M.S.Jeganathan                                                ... Appellant
                                                           -vs-


                 1.The State of Tamil Nadu,
                   Represented by the Secretary,
                   Hindu Religious and Charitable Endowments Department,
                   Fort St. George,
                   Chennai.

                 2.The Special Commissioner and Commissioner,
                   Hindu Religious and Charitable Endowments Department,
                   Chennai - 34.                                         ... Respondents


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,

                 dated 12.06.2019, passed in W.P.(MD)No.10014 of 2009.




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                                                                      W.A.(MD) Nos.1572 and 1573 of 2024


                 W.A.(MD)No.1573 of 2024:-

                 M.S.Jeganathan                                                ... Appellant
                                                           -vs-


                 1.The Secretary to Government,
                   Hindu Religious and Charitable Endowments Department,
                   Fort St. George,
                   Chennai – 600 009.

                 2.The Special Commissioner and Commissioner,
                   Hindu Religious and Charitable Endowments Department,
                   Chennai - 600 034.

                 3.The Joint Commissioner,
                   Hindu Religious and Charitable Endowments Department,
                   Thanjavur,
                   Thanjavur District.

                 4.The Assistant Commissioner,
                   Hindu Religious and Charitable Endowments Department,
                   Nagapattinam,
                   Nagapattinam District.

                 5.The Principal Accountant General (Accounts and Entitlements),
                   261, Anna Salai,
                   Chennai - 600 018.                                       ... Respondents


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,

                 dated 12.06.2019, passed in W.P.(MD)No.11577 of 2013.



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                                                                         W.A.(MD) Nos.1572 and 1573 of 2024


                                   For Appellant in both the W.As.   : Mr.T.Aswin Raja Simman

                                   For Respondents in both the W.As. : Mr.S.R.A.Ramachandran
                                                                       Additional Government Pleader

                                                    COMMON JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The appellant challenges the order of the Writ Court dated 12.06.2019,

dismissing his Writ Petitions in W.P.(MD)Nos.10014 of 2009 and 11577 of 2013.

The reliefs sought for in the said Writ Petitions read as follows:-

''W.P.(MD)No.10014 of 2009:-

To issue a Writ of Certiorarified Mandamus, calling for the records in Na.Ka.No.57968/07/L2 dated 20.01.2009 passed by the second respondent and quash the same and direct the respondents to regularise the petitioner's services for the period from 21.03.1976 to 18.10.1983 as E.L.W.A. as per G.O.Ms.No.430 dated 07.04.1984 and the period from 22.10.1996 to 29.12.1998 as earned leave and consequently to re-fix the petitioner's pension and pay the difference of pension with interest and with all other consequential benefits.

W.P.(MD)No.11577 of 2013:-

To issue a Writ of Certiorarified Mandamus, to call for the records relating to the G.O.Ms.No.403, Commercial Taxes and Religious Endowments Department dated 07.04.1984 on the file of the first

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respondent and the follow up order passed by the second respondent in Na.Ka.No.57968/07/L2 dated 20.01.2009 (specifically treating the period from 21.03.1976 to 18.10.1983 as leave on loss of pay) and G.O.Ms.No. 158 Tamil Development, Religious Endowments and Information (A.Ni.

21) Department dated 11.05.2010 on the file of the first respondent insofar as declaration of completion of probation as on 18.10.1983 A.N., in the post of Executive Officer Gr.3 and quash the same and consequently direct the respondents to treat the period from 21.03.1976 to 18.10.1983 A.N., as duty, declare successful completion of probation of the petitioner in November 1977 and grant all the service, increment, promotion, monetary and other attendant benefits as well as the revised pensionary benefits to the petitioner within a time limit to be fixed by this Court.''

2. Insofar as W.P.(MD)No.11577 of 2013 is concerned, the challenge

was to an order passed on 07.04.1984 while reinstating the appellant / petitioner

in service. The Writ Court has dismissed the same solely on ground of laches.

The appellant / petitioner, who joined the H.R. & C.E. Department as an

Executive Officer Grade – III, did not pass the departmental examinations and

thereby, suffered a disqualification. After passing the examinations, the

appellant / petitioner was reinstated in service on 07.04.1984. The said order of

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reinstatement itself explicitly stated that the reappointment / reinstatement was

granted by relaxing the rules. The Writ Court has found that the relaxation itself

is a bounty and the appellant / petitioner cannot seek a further prayer to count the

service between 21.03.1976 and 18.10.1983 as duty and declare successful

completion of probation. The appellant / petitioner having accepted the order

passed on 07.04.1984, cannot now, after lapse of nearly more than 25 years,

challenge the said order. We are unable to fault the Writ Court for having

dismissed the Writ Petition on the ground of laches.

3. Insofar as W.P.(MD)No.10014 of 2009 is concerned, the challenge

therein was to the order of the authorities dated 20.01.2009, in and by which, the

claim of the appellant / petitioner seeking to treat the period of suspension

between 22.10.1996 and 29.12.1998 as one on duty for the purposes of

calculating his pension, was negatived.

4. Though the order impugned in the Writ Petition is dated 20.01.2009,

we find on a perusal of the same, it is only an information regarding the earlier

orders passed. The impugned proceedings indicate that the disciplinary authority

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decided how the period of suspension should be treated as early as 29.12.2006

and the appellant / petitioner was also paid the leave salary for the period of

suspension, which was considered as earned leave. The disciplinary authority

itself has treated the period of suspension as earned leave for 120 days and as

leave without salary for 679 days. This order dated 29.12.2006 was never put to

challenge. Since the appellant / petitioner made a representation regarding the

said issue, this Court had directed disposal of the representation. The appellant /

petitioner was informed of the decision taken by the impugned proceedings dated

20.01.2009.

5. Rule 54-B of the Fundamental Rules deals with suspension –

reinstatement of the delinquent Government employees. It requires the

disciplinary authority to issue specific orders regarding the treatment of the

suspension period.

6. In the case on hand, the disciplinary authority has addressed the issue

and issued orders treating part of the suspension period as leave with salary and

the remainder as leave without salary. As already pointed out, this order dated

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29.12.2006, has not been challenged. Though the Writ Court has dismissed the

Writ Petition solely on the ground of laches, we find that, in the absence of

challenge to the order dated 29.12.2006, we cannot fault the Writ Court for

having dismissed the Writ Petition.

7. The Writ Appeals, therefore, fail and they are accordingly dismissed.

No costs.

                 NCC              : No                      [R.S.M., J.]      [L.V.G., J.]
                 Index            : No                              18.09.2024
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                 To

1.The Secretary to Government of Tamil Nadu, Hindu Religious and Charitable Endowments Department, Fort St. George, Chennai – 600 009.

2.The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai – 600 034.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, Thanjavur District.

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4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Nagapattinam, Nagapattinam District.

5.The Principal Accountant General (Accounts and Entitlements), 261, Anna Salai, Chennai - 600 018.

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R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

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