[Cites 1, Cited by 0]
Madras High Court
Ukkirapandi vs S.Vijayalakshmi ... 1St on 18 March, 2026
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD) No.908 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 18.03.2026
CORAM
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A(MD)No.908 of 2022
and
C.M.P(MD)No.7966 of 2022
Ukkirapandi ... Appellant /
5th Respondent
Vs
1.S.Vijayalakshmi ... 1st Respondent /
Petitioner
2.The District Collector,
Madurai District,
Madurai.
3.The Personal Assistant (Development)
to the Collector,
Madurai District,
Madurai.
4.The Assistant Director of Panchayat,
Madurai District,
Madurai.
1/6
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W.A(MD) No.908 of 2022
5.The Block Development Officer (Village Panchayat),
Usilampatti Union,
Madurai District,
Madurai. ... Respondents /
Respondents
PRAYER :- Writ Appeal is filed under Clause 15 of Letters Patent to
call for the records and set aside the order dated 08.02.2022 passed by
the learned Judge in W.P(MD)No.18213 of 2019 and allow the Writ
Appeal.
For Appellant : Mr.M.Mohammed Meeran
for Mr.A.Mithun Chakravarthi
For Respondents : Mr.P.R.Prithiviraj
for R.1
Mr.S.Vinodh
Government Advocate
for R.2 to R.5
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
This Writ Appeal is directed against the order dated 08.02.2022
passed by learned Single Judge allowing W.P(MD)No.18213 of 2019
filed by the first respondent herein (S.Vijayalakshmi). Vijayalakshmi
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was working as Panchayat Secretary in the appellant local body. She was
placed under suspension on 26.10.2012. She filed W.P(MD)No.18213 of
2019 challenging the order of suspension. The writ petition came up for
final hearing on 08.02.2022. By then, full nine years have elapsed. The
Hon'ble Supreme Court in the decision reported in (2015) 7 SCC 291
(Ajay Kumar Choudhary Vs Union of India) had held that prolonged
suspension is impermissible because it acquires a punitive character.
2.Paragraph 4 and 5 of the order passed by the learned single
Judge read as follows:
“4. Keeping an employee under suspension for an
indefinite period without reviewing the order of
suspension is in violation of the established principles.
This apart, long suspension would cause prejudice both
to the employees as well as to the Department. In the
event of dropping of proceedings or otherwise, even for
the period during which the petitioner has not worked,
the salary has to be paid. Thus, the loss to the State
Exchequer is to be considered by the Authorities
competent.
5. In view of the fact that the petitioner is under
continuous suspension for about nine years, the
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impugned order passed by the first respondent, dated
26.10.2012, is quashed and the writ petition is allowed.
The respondents are directed to reinstate the petitioner
within a period of four weeks from the date of receipt of
a copy of this order and proceed with the departmental
disciplinary proceedings and conclude the same as
expeditiously as possible. No costs. Consequently,
connected miscellaneous petitions are closed.”
The learned single Judge adopted the right approach. What has been
terminated is suspension that has lasted for more than 9 years. We do not
find any ground to interfere.
3.This Writ Appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
[G.R.S., J.] [P.B.B, J.]
18.03.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
MGA
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To
1.The District Collector,
Madurai District,
Madurai.
2.The Personal Assistant (Development)
to the Collector,
Madurai District,
Madurai.
3.The Assistant Director of Panchayat,
Madurai District,
Madurai.
4.The Block Development Officer (Village Panchayat),
Usilampatti Union,
Madurai District,
Madurai.
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G.R.SWAMINATHAN, J.
AND
P.B.BALAJI, J.
MGA
and
18.03.2026
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