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Madras High Court
The Principal Secretary To The ... vs A.Sahayaraj on 16 March, 2026
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.A.(MD)No.586 OF 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.03.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE R.POORNIMA
W.A.(MD)No.586 of 2021
and
C.M.P.(MD)No.2651 of 2021
The Principal Secretary to the Government,
Revenue and Disaster Management Department,
Services Wings, Ser.2(1) Section,
Secretariat,
Chennai. ... Appellant / Respondent
Vs.
A.Sahayaraj ... Respondent / Writ petitioner
Prayer: Writ appeal filed under Clause 15 of the Letters Patent
Act, to set aside the judgment dated 25.04.2019 in W.P.(MD)No.8775
of 2019 on the file of this Court.
For Appellant : Mr.G.V.Vairam Santhosh,
Additional Government Pleader.
For Respondent : Mr.K.Baalasundharam,
Senior counsel,
for Mr.P.Paranjothi.
***
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2 W.A.(MD)No.586 OF 2021
JUDGMENT
(By G.R.SWAMINATHAN, J.)
Heard both sides.
2. The State is on appeal challenging the order dated
25.04.2019 passed by the learned single Judge allowing W.P.(MD)
No.8775 of 2019 filed by the respondent herein.
3. The respondent herein was working in the rank of Deputy
Collector. He reached the age of superannuation on 30.06.2018. On
the eve of his retirement from service, he was placed under
suspension. Allegations of serious misconduct were made against the
respondent herein and he was also facing criminal prosecution in
Crime No.16 of 2017 on the file of Vigilance and Anti-Corruption,
Thanjavur(subsequently taken on file in Special.C.C.No.4 of 2025 on
the file of the Principal District Judge, Thanjavur. When a
Government employee was placed under suspension and he was also
facing criminal prosecution, he cannot be allowed to retire.
Therefore, he was retained in service. The respondent herein,
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thereafter, submitted representation calling upon the Government to
revoke the order retaining him in service and disburse all terminal
benefits. His request was rejected vide letter dated 15.02.2019. That
was put to challange in W.P.(MD)No.8775 of 2019. The learned single
Judge relying on the earlier order of the Hon'ble Division Bench in
W.A.No.1485 of 2018 (The Secretary to Government, Higher
Education Department, Secretariat, Chennai – 600 009 Vs.
K.Sundaramoorthy) dated 31.07.2018 quashed the said letter dated
15.02.2019 and allowed the writ petition.
4. We are unable to endorse the view taken by the learned
single Judge.
5. The precedent relied on by the learned single Judge pertains
to disbursement of terminal benefits and not regarding retention of
service. Rule 56(1)(c) of the Fundamental Rules categorically stated
that a suspended Government servant against whom a complaint of
criminal offence is under investigation or trial shall not be permitted
to retire on his reaching the age of retirement. The learned Senior
counsel for the respondent herein points out that this provision had
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been deleted vide G.O.(Ms)No.47 Human Resources Management
(FR-III) Department dated 29.08.2025. That may be so but when the
impugned order was passed by the learned single Judge allowing the
writ petition, Rule 56(1)(c) of the Fandamental Rules was very much
holding the field. Therefore, we set aside the order passed in the writ
petition.
6. We grant liberty to the respondent herein to seek remedy in
terms of G.O.(Ms.)No.47 Human Resources Management (FR-III)
Department dated 29.08.2025. The writ petitioner / respondent
herein will be paid all the amounts to which he is legally entitled.
This writ appeal is allowed. No costs. Consequently, connected
miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.)
16th March 2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PMU
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G.R.SWAMINATHAN, J.
AND
R.POORNIMA, J.
PMU
16.03.2026
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