A.Olivia Nesa Rajakani vs The Special Commissioner Of Revenue ...
2025 Latest Caselaw 16 Mad

Madras High Court

A.Olivia Nesa Rajakani vs The Special Commissioner Of Revenue ... on 1 April, 2025

Bench: J. Nisha Banu, S.Srimathy

                                                                                          W.A.(MD)No.684 of 2025


                     BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 01.04.2025

                                                           CORAM:

                              THE HONOURABLE MRS.JUSTICE J. NISHA BANU
                                               and
                               THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                                W.A(MD)No.684 of 2025

                A.Olivia Nesa Rajakani                                                      ... Appellant

                                                       Vs.

                1. The Special Commissioner of Revenue Administration,
                Revenue Department,
                Chepauk, Chennai 600 005.

                2. The Personnel Assistant (General) to the District Collector,
                Tirunelveli District, Tirunelveli 627 009.

                3. The District Backward Classes and Minorities Welfare Officer,
                Collector Campus, Tirunelveli 627 009.               ... Respondents


                                  Prayer: Writ Appeal filed under Clause 15 of the Letter Patent
                against the order of this Court in W.P(MD)No.6941 of 2024, dated
                04.11.2024.


                                  For Appellants : Mr.S.Stalin Muthu
                                  For Respondents : Mr.M.Sarangan
                                                           Additional Government Pleader


                Page No.1 of 5



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                                                                                         W.A.(MD)No.684 of 2025


                                                        JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU, J.)

This writ appeal is directed against the order made in

W.P(MD)No.6941 of 2024, dated 04.11.2024.

2. The appellant / writ petitioner was working as a

Junior Assistant in the 3rd respondent office. She was placed under

suspension on 18.12.2009 on the ground of her involvement in a criminal

case and ultimately, she was convicted under Section 7 of the Vigilance

and Anti-corruption Act, 1988 by the Chief Judicial Magistrate Court-

cum-Special Court, Tirunelveli, on 24.02.2020 in S.C.No.51 of 2014. In

the meantime, the appellant attained the age of superannuation on

30.06.2019, but she was not permitted to retire and was retained in

service. According to the appellant, till January 2020, she was paid with

subsistence allowance and thereafter, the same was not paid. In view of

the conviction in the criminal case, the appellant was dismissed from

service by order dated 05.10.2020. Challenging the said dismissal order,

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the appellant filed the writ petition and the Writ Court finding that there

is no scope to interfere with the order of dismissal, closed the writ

petition with a direction to pay subsistence allowance to the appellant

from the date of suspension till the date of dismissal from service.

Aggrieved by the said order, the writ petitioner has come up with this

appeal.

3. Though the appellant has filed this appeal contending

that the Writ Court failed to direct the respondents to grant provisional

pension to her, it is well known that dismissal from service can result in

forfeiture of the benefits like, leave and pension. Against the conviction,

the appellant has filed criminal appeal before this Court. If she succeeds

in his appeal, she can be given all the benefits as that of a regular

employee. Therefore, we are not inclined to interfere with the order

passed by the Writ Court.

4. While we dismiss the writ appeal, we direct the

respondents to pay the amount of subsistence allowance payable to the

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appellant for the period between 24.02.2020 and 05.10.2020, which is

quantified at Rs.65,454/- (Rupees Sixty Five Thousand Four Hundred

and Fifty Four only), within a period of four weeks from the date of

receipt of a copy of this judgment. No costs.

                                                               [J.N.B., J.]    [S.S.Y., J.]
                                                                       01.04.2025
                Index            : Yes / No
                Neutral Citation : Yes / No
                bala

                To:

1. The Special Commissioner of Revenue Administration, Revenue Department, Chepauk, Chennai 600 005.

2. The Personnel Assistant (General) to the District Collector, Tirunelveli District, Tirunelveli 627 009.

3. The District Backward Classes and Minorities Welfare Officer, Collector Campus, Tirunelveli 627 009.

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J.NISHA BANU, J.

and S.SRIMATHY, J.

bala

JUDGMENT MADE IN

DATED : 01.04.2025

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