Dismissed

S.Manoharan, v. the Secretary to Govt

Madras HC29 Nov 2018WP(MD)/5666/2018

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a writ petition seeking promotion, revised seniority, and back wages for a petitioner who had been reinstated after an acquittal. The Court found no merit as it directed the department to initiate proceedings within six months, contingent on the petitioner's cooperation, rather than ordering immediate promotion. The transfer disputes were subsum

What did the court decide?

Petitioner directed to cooperate in departmental proceedings to be concluded within six months; dismissal of claims for promotion and back wages pending outcome of those proceedings.

S.Manoharan, Vs the Secretary to Govt — Pension and Retirement Benefits | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 29.11.2018 CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P(MD)No.5666 of 2018

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S.Manoharan ... Petitioner

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Vs.

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The Secretary to Government, Home (Courts) Department, Secretariat, Fort St. George,

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Chennai.

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The Government Pleader, High Court,

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Chennai – 600 104.

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The Deputy Director, Office of the Advocate General of Tamil Nadu, Chennai. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents to revise the seniority of the petitioner and promote him to suitable post from the date on which his juniors were promoted and grant him all service and other benefits including back wages.

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For Petitioner : Mr.S.Balamurugan For Respondents: Mr.K.Chellapandian

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Additional Advocate General Assisted by Mr.A.Muthukaruppan Additional Government Pleader

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ORDER

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This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to direct the respondents to revise the seniority of the petitioner and promote him to suitable post from the date on which his juniors were promoted and grant him all service and other benefits, including back wages.

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2.Heard the learned counsel appearing for the parties.

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3.In view of the criminal case registered against the petitioner herein, he was suspended and later, reinstated by the third respondent on 04.01.2017 in view of acquittal by the appellate Court. The petitioner herein, on the ground of acquittal and https://hcservices.ecourts.gov.in/hcservices/ reinstatement, seeks continuity of service as well as promotion from the post of Junior Assistant to the post of Manager in the Government Pleader Office. However, in the counter, it appears that

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the employee has served charge memo to the petitioner herein on 26.11.2018, but the petitioner herein is evading the receipt of charge memo. However, now, the learned counsel appearing for the petitioner would submit that the petitioner is ready to submit himself for departmental proceedings, provided, the said departmental proceedings is concluded within a particular time frame, since the petitioner is likely to retire in December 2018.

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4.In the light of the above fact, this Court finds no merit in the Writ Petition. Hence, this Writ Petition is dismissed. No costs. The second respondent herein has to initiate departmental proceedings and conclude the same as early as possible and the petitioner herein shall co-operate for speedy disposal of the departmental proceedings. The proceedings shall preferably be completed within a period of six months from the date of receipt of a copy of this order, provided, the petitioner herein co-operates for the same.

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Sd/Assistant Registrar(CO)

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/True Copy/

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Sub Assistant Registrar(CS-IV)

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The Secretary to Government, Home (Courts) Department, Secretariat, Fort St. George, Chennai.

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The Government Pleader, High Court, Chennai – 600 104.

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The Deputy Director, Office of the Advocate General of Tamil Nadu, Chennai.

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+1cc to Spl.Government Pleader Sr.No.97750 +1cc to Mr.S.Balamurugan, Advocate Sr.No.97816

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SMN2

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VB/BK/SAR4/06.12.2018/2P/6C

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W.P.(MD)No.5666 of 2018 29.11.2018

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https://hcservices.ecourts.gov.in/hcservices/

S.Manoharan, v. the Secretary to Govt

Case brief

What is this about?

What did the court decide?

S.Manoharan, v. the Secretary to Govt

Case brief

What is this about?

What did the court decide?

What the court decided

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