Madras High Court
J.Johnson Devakumar Jacob vs The Superintending Engineer on 23 September, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.27494 of 2024
J.Johnson Devakumar Jacob ... Petitioner
Vs.
The Superintending Engineer,
CEDC/North/TANGEDCO,
No.144, Anna Salai,
Chennai – 600 002. ...Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance
of a Writ of Mandamus, directing the respondent to consider the representation dated
23.08.2024 and disburse the Death Cum Retirement Gratuity with Compounded interest
at the rate of 12 percentage per annum as per TNEB Board Proceedings No.81 dated
04.04.1995 till the date.
For Petitioner : Mr.M.Aravindh Subramaniam
Senior Counsel for
Mr.V.Shenaz
For Respondents : Mr.David Sunder Singh
Standing Counsel
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ORDER
This writ petition has been filed for issue of writ of mandamus directing the
respondent to consider the representation made by the petitioner on 23.08.2024 and to
disburse the Death Cum Retirement Gratuity with Compounded interest.
2.Heard Mr.M.Aravindh Subramaniam, learned Senior Counsel appearing on
behalf of the petitioner and Mr.David Sunder Singh, learned Standing Counsel
appearing on behalf of the respondent.
3.The case of the petitioner is that he joined the Tamil Nadu Electricity Board in
the year 1982. He was serving as a Junior Engineer and he was working at CEDC
(South) at Asthinapuram, Chennai from the year 2007. During the relevant point of
time, the petitioner was placed under suspension by an order dated 10.10.2008 on the
ground that a criminal case came to be registered against him in Crime No.5 of 2008.
Later, the suspension was revoked and the petitioner was reinstated into service.
However, the petitioner was not permitted to retire from service in the light of the
criminal case that was pending against him.
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4.The further case of the petitioner is that he underwent trial in Special Case No.5
of 2009 before the learned Chief Judicial Magistrate, Chengalpattu and he was
convicted and sentenced by the Trial Court by judgment dated 30.08.2023. Aggrieved
by the same, the petitioner has filed an appeal before this Court and the same is pending
in Crl.A.No.1041 of 2023.
5.The grievance of the petitioner is that the respondent has not paid the Death
Cum Retirement Gratuity in spite of various representations made by the petitioner. It is
under these circumstances, the present writ petition has been filed before this Court.
6.In the considered view of this Court, there are certain benefits which are treated
to be the property of the employee which has to be paid irrespective of the final result of
the disciplinary proceedings. The law on this issue has been settled by the Division
Bench of this Court in Secretary to Government, Revenue Department, Secretariat.
Chennai – 600 009 vs. K.Palaniyandi reported in 2019 5 CTC 19. Hence, even if
ultimately, the criminal proceedings goes against the petitioner and the petitioner is also
terminated from service, the petitioner will be entitled for those benefits to which he is
entitled as per the judgment of the Division Bench referred supra.
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7.In the light of the above discussion, there shall be a direction to respondent to
deal with the representation made by the petitioner on 23.08.2024, on its own merits
and in accordance with law and in line with the observations made by this Court and a
final decision shall be taken, within a period of six weeks from the date of receipt of
copy of this order.
8.The petitioner is directed to make a fresh representation to the respondent along
with all the relevant documents and also a copy of this order.
9.This writ petition is disposed of with the above directions. No Costs.
23.09.2024
Internet : Yes
Index : Yes
Speaking Order / Non Speaking Order
ssr
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To
The Superintending Engineer,
CEDC/North/TANGEDCO,
No.144, Anna Salai,
Chennai – 600 002.
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N. ANAND VENKATESH, J.
ssr
23.09.2024
https://www.mhc.tn.gov.in/judis
