The Chairman vs B.Krishnamoorthy
2025 Latest Caselaw 1281 Mad

Madras High Court

The Chairman vs B.Krishnamoorthy on 21 July, 2025

Author: R.Subramanian

Bench: R.Subramanian

                                                                                                 W.A.No.2240 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 21.07.2025

                                                            CORAM :

                              THE HON'BLE MR. JUSTICE R.SUBRAMANIAN
                                                AND
                        THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

                                                   W.A.No.2240 of 2025

                     1. The Chairman
                        Chennai Port Authority
                        Chennai 600 001

                     2. The Deputy Chairman
                        Chennai Port Authority
                        Chennai 600 001

                     3. The Chief Mechanical Engineer
                        M & EE Department
                        Chennai Port Authority
                        Chennai 600 001                                      ..         Appellants

                                                                  v.

                     B.Krishnamoorthy                                        ..         Respondent

                           Memorandum of Grounds of Writ Appeal filed under Clause 15 of the
                     Letters Patent against the order dated 27.01.2025 passed in W.P.No.9047 of
                     2024.

                                    For Appellants        ::       Mr.P.M.Subramaniam
                                                                   Senior Counsel for Mr.P.Ulaganathan

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                                                                                              W.A.No.2240 of 2025

                                        For Respondent          ::       Mr.K.C.Karl Marx

                                                          JUDGMENT

(Judgment of the Court was made by R.SUBRAMANIAN,J.)

With the consent of parties, the writ appeal itself is taken up for final

disposal.

2. The issue is squarely covered by a judgment of the Division Bench

in The Chairman, Chennai Port Authority and others v. Tamil Selvan dated

24.04.2025 made in W.A.No.1233 of 2025. It is not in dispute that the facts

in both these cases are similar. It is also not in dispute that the criminal case

is pending.

3. In view of the same, this writ appeal is also disposed of with the

following directions:-

“We set aside the order of the writ Court and direct the Port Trust to pay the Death cum Retirement Gratuity and other retiral benefits of the employee within a period of twelve (12) weeks from the date of receipt of a copy of this order.

Insofar as the pension is concerned, the provisional pension

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will be continued to be paid and final decision will be taken after conclusion of the criminal case.” Consequently, C.M.P.No.17132 of 2025 is closed. No costs.

Index : yes/no (R.S.M.,J.) (K.G.T.,J.) Neutral citation : yes/no 21.07.2025

ss

To

1. The Chairman Chennai Port Authority Chennai 600 001

2. The Deputy Chairman Chennai Port Authority Chennai 600 001

3. The Chief Mechanical Engineer M & EE Department Chennai Port Authority Chennai 600 001

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R.SUBRAMANIAN,J.

AND K.GOVINDARAJAN THILAKAVADI,J.

ss

21.07.2025

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