Madras High Court
G.N.Nataraj vs The Secretary To Government on 17 February, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.02.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
W.P.No. 4543 of 2025
G.N.Nataraj ... Petitioner
..Vs..
1. The Secretary to Government
Public Works Department
Secretariat
Chennai – 600 009.
2. The Engineer In Chief and Chief Engineer (General)
Public Works Department
Chepauk
Chennai – 600 005.
3. The Chief Engineer
Public Works Department
Coimbatore Region
Coimbatore – 641 001.
4. The Superintendent Engineer
Public Works Department
Buildings C & M Circle
Coimbatore – 641 001.
5. The Executive Engineer
Public Works Department
Buildings C & M Division
https://www.mhc.tn.gov.in/judis
2
Coimbatore – 641 001. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India,
praying for the issue of a Writ of Mandamus directing the respondent
authorities to pay all the pensionary benefits such as Encashment of
earned leave, unearned leave, surrender leave, salary for 15 years
and arrears of pay and allowances from 5.12.1988 to 30.06.2004 to
the petitioner in the light of G.O.(D).N0.36 dated 20.02.2020 passed
by the Public Works Department by disposing of petitioner's
representation dated 24.09.2024 within the time frame stipulated by
this Hon'ble Court.
***
For Petitioner :: Ms. M.Sharusrimathi
For Respondents :: Mr. S.Yashwanth
Additional Government Pleader
ORDER
The Writ Petition has been filed in the nature of a Mandamus
seeking a direction to the respondents particularly the fifth
respondent, the Executive Engineer, Public Works Department,
Buildings C & M Division, Coimbatore, to disburse pensionary benefits
such as Encashment of earned leave, unearned leave, surrender leave,
salary for 15 years during which the petitioner was under suspension
and arrears of pay and allowances. The petitioner claims that the
amounts should be paid from 5.12.1988 till 30.06.2004 when the
petitioner attained the age of superannuation. The petitioner places
https://www.mhc.tn.gov.in/judis
reliance on G.O.(D).N0.36 dated 20.02.2020 of the Public Works
Department, the petitioner had given a representation on 24.09.2024
in this regard.
2. In the affidavit filed in support of the Writ Petition, it had
been contended that the petitioner, who had been appointed as
Technical Assistant in the respondent Department and had joined duty
on 07.07.1971 at Harur, Dharmapuri District was brought into regular
service on and from 07.08.1976. In the year 1977-1978, a criminal
case had been initiated by the Vigilance and Anti Corruption
Department. The petitioner however was promoted as Junior
Engineer on 23.05.1981 and completed probation in the year 1982.
The petitioner was also arrayed as one of the accused in the
aforementioned case registered by Vigilance and Anti Corruption
Department. He was then placed under suspension. After
investigation, the investigating authority filed final report which was
taken cognizance as C.C.No. 1 of 1987 by the Chief Judicial
Magistrate at Dharmapuri. The petitioner was continued to be placed
under suspension. He then filed O.A.No. 3611 of 2001 challenging
the order of suspension and the Tribunal quashed the order of
suspension stating that prolonged suspension cannot be encouraged
by law.
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3. The trial Court convicted the petitioner. The petitioner then
attained the age of superannuation on 30.06.2004. Separate
departmental proceedings were initiated and an order of dismissal
from service was also passed against the petitioner herein. The
petitioner then filed Crl.A.No. 956 of 2002 and the same came to be
allowed by a Judgment dated 21.09.2017. The petitioner was
acquitted of all charges.
4. This Court sought further instructions whether there further
appeal was filed by the respondents / prosecution agency against such
order of acquittal. It is informed that no such appeal had been
preferred. It is also contended that the period of suspension was
treated as period of duty by the respondents. It had been contended
that in this connection, the respondents had also passed G.O.(D).No.
36, Public Works Department dated 20.02.2020 wherein it had been
stated as follows in paragraph No.8:-
“8. The Government after careful examination
of the proposal of the Engineer-in-Chief, Water
Resources Department and Chief Engineer
(General), Public Works Department, Chennai, order
that the periods of suspension undergone by Thiru
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G.N.Nataraj, Junior Engineer (retd.), Public Works
Department, from 05.12.1988 AN (date of relief on
suspension) to 06.06.2002 AN (date prior to
revocation of suspension) and from 28.06.2004 FN
(date of suspension) to 30.06.2004 AN (date of
superannuation) be regulated as duty, as per Ruling
9 under Rule 54 of the Fundamental Rules and the
period from 07.06.2002 FN to 27.06.2004 AN be
regulated as compulsory wait as per Ruling 3 under
Rule 9(6)(b) of the Fundamental Rules.”
5. It had been very specifically stated that the period of
suspension of the petitioner herein G.N.Nataraj, Junior Engineer,
(retired), Public Works Department, should be regulated as duty as
per Rule 9 of Rule 54 of Fundamental Rules. It is also stated that the
particular period from 07.06.2002 till 27.06.2004 should also be
regulated as compulsory wait under Rule 3 of Rule 9(6)(b) of
Fundamental Rules.
6. The learned counsel for the petitioner placed reliance on the
aforementioned Government Orders and sought that the arrears of
various allowances which have to be paid to the petitioner should be
settled immediately.
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7. On behalf of the respondents, instructions have been
obtained and it is contended that the earned leave and unearned leave
had been settled with the petitioner. It had been further contended
that the salary and the surrender leave whould be paid to the
petitioner. It is contended that after getting remarks from the various
Departments where the petitioner had served, the same would be
discussed to the petitioner within a period of 12 weeks from the date
of copy of this order.
8. In view of the fact that the respondents had considered the
period of suspension of the petitioner as duty period and also as
compulsory wait and had passed aforementioned G.O.D.No. 36, Public
Works Department, dated 20.02.2020, a direction is issued to the
respondents to pay the necessary emoluments to the petitioner as are
required to be paid, within a period of 12 weeks from the date of
receipt of a copy of this order.
9. The Writ Petition stands allowed. No order as to costs.
17.02.2025
vsg
Index: Yes/No
https://www.mhc.tn.gov.in/judis
Internet: Yes/No
Speaking / Non Speaking Order
To
1. The Secretary to Government
Public Works Department
Secretariat
Chennai – 600 009.
2. The Engineer In Chief and Chief Engineer (General)
Public Works Department
Chepauk
Chennai – 600 005.
3. The Chief Engineer
Public Works Department
Coimbatore Region
Coimbatore – 641 001.
4. The Superintendent Engineer
Public Works Department
Buildings C & M Circle
Coimbatore – 641 001.
5. The Executive Engineer
Public Works Department
Buildings C & M Division
Coimbatore – 641 001.
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN, J.,
vsg
17.02.2025
https://www.mhc.tn.gov.in/judis
