This Writ Petition seeking payments of full salary during suspension and dismissal was dismissed by this Court. It was held that the petitioner was suspended from 09.04.2012, not the claimed date, and received 50% salary during the suspension period.
The petition was dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.1647 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.04.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.1647 of 2015
V.Nagaraj Kannan
... Petitioner
vs.
Ramanathapuram District.
Kamuthi taluk,
Ramanathapuram District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus ,directing the third respondent to pay the eligible
1/4
W.P.(MD)No.1647 of 2015
full salary for the entire period of suspension from 27.03.2012 till the date of dismissal from service, dated 12.04.2014.
For Petitioner : No appearance
For Respondents : Mr.Om Prakash Government Advocate for R-1 and R-2
ORDER
This Writ Petition has been filed seeking salary for a period from 27.03.2012 till the date of dismissal, dated 20.06.2013.
2. The petitioner was suspended from service from 09.04.2012.
Subsequently a charge memo was issued and he was dismissed from service on 20.06.2013. The charge against the petitioner is grave in nature and the same was considered in various forums and punishment was confirmed. Now, the petitioner is claiming salary for the entire period.
3. The learned counsel appearing for the respondents and the private
respondent submitted that the petitioner was suspended from service on 09.04.2012 and not from 27.03.2012 as claimed by the writ petitioner.
2/4
W.P.(MD)No.1647 of 2015
4. The charge memo was issued on 27.03.2012. Even though, it was issued on that date, the petitioner was not suspended on that date and the petitioner has received 50% of the salary for the period from 09.04.2012 to 20.06.2013, through various challans, wherein the respondents have given tabulation of payment. The petitioner was subsequently dismissed from service. Therefore, he is not entitled to full salary for the period from 09.04.2012 to 20.06.2013. Therefore, the claim of the petitioner is misconceived.
5. Accordingly, this Writ Petition stands dismissed. No Costs.
Index : Yes / No 10.04.2023 Internet : Yes ksa
To
3/4
W.P.(MD)No.1647 of 2015
S.SRIMATHY, J
ksa
Order made in W.P.(MD)No.1647 of 2015
10.04.2023
4/4
2 issues framed by the court
Whether a servant suspended from service is entitled to full salary during the suspension period and till dismissal.
Whether the petitioner's claim for salary from the date of charge memo issuance is sustainable.
V. Nagaraj Kannan
The Chief Educational Officer
The District Educational Officer, Paramakudi
The Secretary, K H N Nadar Higher Secondary School
S. Srinathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
