The State appealed a single judge's order directing the payment of full wages and allowances to a reinstated employee who had been placed under compulsory retirement. The High Court dismissed the appeal, noting that the respondent had already retired and received his terminal benefits, including pension, thereby making the matter infructuous.
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.A.(MD).No.1346 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.03.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.A.(MD).No.1346 of 2017 and
C.M.P.(MD).No.9547 of 2017
3.The Principal, Rural Extension Training Centre, T.Kallupatti, Madurai District. ... Appellants Vs.
P.Vairamani ... Respondent
Prayer : Writ Appal is filed under Clause 15 of Letters Patent, against the order passed by this Court in the writ petition in W.P.(MD).No.1371 of 2017, dated 14.02.2017.
W.A.(MD).No.1346 of 2017
For Appellants : Mr.A.K.Manikkam Special Government Pleader For Respondent : Mr.R.Aravindan
J U D G M E N T
(Judgment of the Court was delivered by V.BHAVANI SUBBAROYAN, J. )
This Writ Appeal has been filed against the order of the learned single Judge passed in W.P.(MD).No.1371 of 2017, dated 14.02.2017, wherein the respondent/writ petitioner has challenged the impugned order passed by the third respondent in Na.Ka.No.90/2009/A1, dated 09.12.2016 and to quash the same and consequently direct the third respondent to drop all further proceedings pertaining to the impugned order to recover any amount from the monthly salary of the petitioner.
W.A.(MD).No.1346 of 2017
the said order by order dated 23.11.2011, with the direction to the respondent to consider the request of the petitioner afresh. Thereafter, pursuant to the order of the second respondent dated 24.11.2015, he joined the service on 21.12.2015 and again, he received a communication, which is the subject matter of the writ petition that the pensionary amount granted pursuant to the order of compulsory retirement would be recovered from him and that according to him, the respondents have no authority to pass such an order when the charges have already been held as not proved and he has been reinstated in service. The learned Government Advocate appearing for the respondents contended that the petitioner has committed serious misconduct, for which compulsory retirement was imposed and the petitioner has admitted that he is willing to pay a sum of Rs.2,50,000/- approximately which was received by him towards terminal benefits including the pensionary benefits in 15 instalments at the rate of Rs. 15,000/- per month as the petitioner has received nearly Rs.7,00,000/- while he was in service based on the order of compulsory retirement imposed on him.
W.A.(MD).No.1346 of 2017
23.11.2011, along with allowances as mentioned supra, after adjusting the amount as per order dated 23.11.2011 till the order of reinstatement passed by the Department and from the date of order of reinstatement till the date on which actually the petitioner has been reinstated and the monetary benefits may be extended after deducting the amount which is payable to the Department by the petitioner, which can be paid in instalments, which may be determined within a period of one month from the date of receipt of a copy of this order. As on date, no action has been initiated and this Court not prevented the respondents from initiating disciplinary action against the petitioner and this order will not entitle the respondents to deprive the monetary benefits due to the employee, if he is otherwise eligible. Challenging the same, the present writ appeal has been filed by the State.
W.A.(MD).No.1346 of 2017
2022 till date. The details of the payment reads as follows:
| t.vz; | gzg;gyd;fs; tpguk; | bjhif | muR kpd;brYj;Jr;rPl;L vz;/ehs; |
|---|---|---|---|
| 1. | Xa;t{jpak; kw;Wk; Xa;t{jpa khw;wPL |
691614 | |
| 2. | Nl;oa tpLg;g[ gzkhf;Fjy; 228ehl;fs; |
71,060 | |
| 3. | brhe;j fhuzA;fSf;fhd Nl;lh tpLg;g[ gzkhf;Fjy; - 180 ehl;fs; (50% - 90 ehl;fs; Cjpak;) |
28,050 | 20220402000787/ 04.04.2022 |
| 4. | gzpf;bfhil | 73,935 | |
| 5. | rpwg;g[ Brkeyepjpj; jpl;lk; 1984-re;jh bjhif |
2960 | |
| 6. | rpwg;g[ Brkeyepjpj; jpl;lk; 1984-tl;oj; bjhif |
4506 | |
| 7. | rpwg;g[ Brkeyepjpj; jpl;lk; 2000-re;jh bjhif |
1800 | 20220402000965/ 04.04.2022 |
| 8. | rpwg;g[ Brkeyepjpj; jpl;lk; 2000-tl;oj; bjhif |
310 | |
| 9. | bghJ Brkey epjp nWjpj; bjhif (99893/GA) |
60,563 | 20220402000965/ 04.04.2022 |
| Bkhj;jk; | 9,34,798 |
[V.B.S.,J.] & [K.K.R.K.,J.] 06.03.2024
Index : Yes/No Internet : Yes/No NCC : Yes/No akv
5/7
W.A.(MD).No.1346 of 2017
To
1.The Secretary, Government of Tamil Nadu, Rural Development and Local Administration Department, Government Estate, Chennai.
W.A.(MD).No.1346 of 2017
V.BHAVANI SUBBAROYAN,J. and K.K.RAMAKRISHNAN,J.
akv
W.A.(MD).No.1346 of 2017
06.03.2024
2 issues framed by the court
Whether the State can recover pensionary amounts from an employee who was reinstated after compulsory retirement was quashed due to unproven charges?
Whether the High Court's direction to pay wages and adjust terminal benefits received during the period of illegal deprivation was appropriate?
The Government of Tamil Nadu represented by its Secretary, Rural Development and Local Administration Department
The Commissioner and Director of Rural Development, Ezhilagam
The Principal, Rural Extension Training Centre, T.Kallupatti, Madurai District
P.Vairamani
V.BHAVANI SUBBAROYAN
K.K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
