Madras High Court
Vasantha Kumari vs The District Collector on 14 February, 2025
W.P.(MD)No.1761 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.02.2025
CORAM
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.1761 of 2019
and
W.M.P.(MD)Nos.1517 & 1518 of 2019
Vasantha Kumari ... Petitioner
Vs.
1.The District Collector,
Kanniyakumari District,
Kanniyakumari.
2.The Tashildar,
Kalkulam Thakalai,
Kanniyakumari District.
3.The Revenue Divisional Officer,
Padmanathapuram,
Kanniyakumari District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned order of the second respondent dated
03.11.2003 in A2/28323/2000 and quash the same and consequently
disburse all the terminal benefits payable to the petitioner's husband.
For Petitioner : Mr.J.Anandkumar
For Respondents : Mr.G.V.Vairam Santhosh,
Additional Government Pleader.
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1/5
W.P.(MD)No.1761 of 2019
ORDER
Under assail is the order of the second respondent dated
03.11.2003 and consequently to direct the respondents to disburse all the
terminal benefits payable to the petitioner's husband.
2.It is the case of the petitioner that her husband was working as
Village Assistant at Aalur Village, Kalkulam Taluk, Kanniyakumari
District. A false case has been foisted against him on the charges of
Prevention of Corruption Act. Pending criminal case, petitioner's
husband was suspended, against which, he preferred Original
Application before the Tamil Nadu Administrative Tribunal in O.A.No.
9274 of 2000 and obtained an order of interim stay. Pursuant to the
same, he was continued in the service. Thereafter, in the criminal case in
S.C.No.2 of 2002 on the file of the learned Chief Judicial Magistrate cum
Special Judge, Nagercoil, vide judgment dated 25.06.20003, he was
convicted. Thereafter, he was removed from service vide order
impugned dated 03.11.2003. The said order passed only based on the
order of conviction passed by the trial Court. No disciplinary
proceedings was initiated against the petitioner's husband. As against the
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conviction, he had preferred an appeal before this Court in Crl.A.No.
1110 of 2003. This Court, vide judgment dated 22.04.2010 was pleased
to set aside the order of conviction and acquitted him from all the
charges. The Vigilance and Anti-Corruption Department had preferred
SLP(Crl)3066 of 2012 against the order of acquittal before the Hon'ble
Supreme Court and the same was also dismissed by an order dated
21.03.2017. Even thereafter, the petitioner's husband was not reinstated
and he died on 18.02.2018 and the impugned order came to be passed.
Hence, the writ petition.
3.The learned Additional Government Pleader would submit that
entire pensionary benefits has been settled to the petitioner and nothing
survives in this writ petition for further adjudication. He has also
produced a letter addressed by the Thasildar, Kalkulam to the learned
Additional Government Pleader.
4.The learned counsel appearing for the petitioner seeks liberty to
raise claim for the period between 2010 to 2018, since the dismissal from
service is not based on any departmental proceedings.
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5.Recording the above submission of the learned Additional
Government Pleader, this writ petition is closed. The petitioner is at
liberty to workout her remedy, in the manner known to law, if necessary.
No costs. Consequently, connected miscellaneous petitions are closed.
NCC : Yes / No 14.02.2025
Index : Yes / No
gns
To
1.The District Collector,
Kanniyakumari District,
Kanniyakumari.
2.The Tashildar,
Kalkulam Thakalai,
Kanniyakumari District.
3.The Revenue Divisional Officer,
Padmanathapuram,
Kanniyakumari District.
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M.JOTHIRAMAN, J.
gns
14.02.2025
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