Allowed

G.Ganesan v. The Joint Director (Personnel)

Madras HC9 Jun 2020WP(MD)/6522/2020

Case brief

AI extract

What is this about?

A writ petition filed under Article 226 of the Constitution sought a writ of mandamus directing the Tamil Nadu School Education Department to grant monetary service benefits, pay revision, and promotion to a petitioner who was suspended following a conviction that was subsequently set aside by this Court.

What did the court decide?

Mandamus issued to examine the file and grant monetary service benefits, revise pay, and effect promotion before 31.08.2020.

G.Ganesan Vs The Joint Director (Personnel) — Pension and Retirement Benefits | Madras HC (2020)

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W.P.(MD)No.6522 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.06.2020 CORAM:

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.6522 of 2020

G.Ganesan

Petitioner

Vs.

The Joint Director (Personnel)

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Office of Joint Director of

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Tamil Nadu School Education,

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Chennai – 600 006.

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The Chief Educational Officer, Panangal Building,

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Opposite to Jupiter Theatre,

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Thanjavur Town, Thanjavur District.

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Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2^nd respondent to pass order on the 1^st respondent's proceeding in Na.Ka.No.84378/C5/E3/2015, dated 28.05.2015 consequently directing the respondents to grant all monetary service benefits from 31.08.2013 to 03.06.2013 along with revision of pay and promotion to the petitioner, within the period as stipulated by this Court.

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PRAYER:

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For Petitioner : Mr.A.Haja Mohideen

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For Respondents : Mrs.S.Srimathy Special Government Pleader

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ORDER

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The Writ Petition is filed seeking a direction to the second respondent to pass consequential orders, based on the proceedings of the first respondent dated 28.05.2015 and to direct the respondents to grant monetary service benefits to the petitioner.

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Mrs.S.Srimathy, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both parties, the Writ Petition is disposed of at the stage of admission itself.

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The case of the petitioner is that he is working as B.T.Assistant (Tamil) in Government Higher Secondary School, Melatur, Papanasam Taluk, Thanjavur District. The petitioner complains that during August 2013, a complaint was given against the petitioner, following which, Crime No.163 of 2013 had been registered under Section 294 (b) of IPC and 3(1) (X) SC/ST Act, 1989. The petitioner was initially convicted by the trial Court, https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.6522 of 2020

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based on which, he was suspended from service from 31.08.2013. Subsequently, he preferred Crl.A.(MD) No.45 of 2015 before this Court, through which, the judgment of the trial court had been set aside. Therefore, the petitioner seeks the relief to grant all monetary service benefits to him.

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Considering the facts and circumstances of the case and also taking into consideration the judgment dated 21.08.2018 passed in Crl.A.(MD) No.45 of 2015, Mandamus is issued to the second respondent to examine the file of the petitioner and if the petitioner is found eligible, the second respondent is directed to process the entire papers in accordance with law, before 31.08.2020. The petitioner is directed to produce the copy of this order along with his representation to the second respondent forthwith.

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With the above directions, the Writ Petition is allowed.

No costs.

// True Copy //

Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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The Joint Director (Personnel) Office of Joint Director of Tamil Nadu School Education, Chennai – 600 006.

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The Chief Educational Officer, Panangal Building, Opposite to Jupiter Theatre, Thanjavur Town, Thanjavur District.

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Order made in W.P.(MD)No.6522 of 2020 09.06.2020

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SDS (17.06.2020) 2P-3C

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

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G.Ganesan v. The Joint Director (Personnel)

Case brief

What is this about?

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G.Ganesan v. The Joint Director (Personnel)

Case brief

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