A writ appeal filed by an octogenarian former extension officer convicted of murder challenging the forfeiture of his terminal benefits. The High Court dismissed the appeal, holding that murder charges invoke Rule 21 of the Tamil Nadu Pension Rules, forfeiting benefits regardless of Rule 46-A.
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W.A.(MD) No.270 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.07.2024
CORAM
JUSTICE N. SESHASAYEE
and
JUSTICE P.VADAMALAI
W.A.(MD) No.270 of 2020 and C.M.P.(MD) No.1937 of 2020
K.Subban
... Appellant/Petitioner
Vs.
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5.The Assistant Director, Rural Development and Directorate of Panchayat, Tiruchirappalli District.
W.A.(MD) No.270 of 2020
6.The Commissioner, Vaiyampatti Panchayat Union, Manapparai Taluk, Tiruchirappalli District. ... Respondents/ Respondents
Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated 07.06.2019 passed in W.P.(MD) No.4685 of 2011 on the file of this Court.
For Appellant : Mr.D.Saravanan For RR1, 2, 4 & 5 : Mr.A.Baskaran Additional Government Pleader For R3 : Mr.P.Gunasekaran For R6 : No appearance JUDGMENT
(Judgment of the Court was delivered by N.Seshasayee, J.)
This appeal is preferred challenging an order of a learned Single Judge in W.P.(MD) No.4685 of 2021, by which the learned Single Judge has declined
to accede to the prayer of the appellant herein to direct payment of his
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W.A.(MD) No.270 of 2020
terminal benefits. The appellant herein, now an octogenarian, was working as an Extension Officer in the sixth respondent-Panchayat Union and after serving in the post for about 35 years and perhaps towards the end of his official innings, faced charges of murder. He was eventually convicted by the Sessions Court, which came to be confirmed up to the Hon'ble Supreme Court. He served the terms and has since been released.
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W.A.(MD) No.270 of 2020
Succession Act, 1956. All Rule 46-A of the Tamil Nadu Pension Rules states is that a murderer of a Government servant shall not be a beneficiary of a terminal benefits rather gratuity payable to the murdered Government servant. This provision has least application to the context of the case.
No.4685 of 2011. Accordingly, this Writ Appeal is dismissed. No costs.
(N.S.S., J.) (P.V.M., J.) 12.07.2024
NCC : Yes/No Index : Yes/No Internet : Yes
ABR
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W.A.(MD) No.270 of 2020
To
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W.A.(MD) No.270 of 2020
N. SESHASAYEE, J. and P.VADAMALAI, J.
ABR
W.A.(MD) No.270 of 2020
12.07.2024
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1 issue framed by the court
Whether terminal benefits can be granted to a retired employee convicted of murder despite his age and release from prison.
K.Subban
The Secretary to Government, Rule Development (E4) Department, Secretariat, Chennai-9
The Commissioner, Rural Development and Directorate of Panchayat, Panagal Building, Saidapettai, Chennai-600 015
The Accountant General, Office of the Accountant General, Chennai-18
The District Collector, Tiruchirapplli District, Tiruchirappalli
The Assistant Director, Rural Development and Directorate of Panchayat, Tiruchirappalli District
N. Seshasayee
P. Vadamlai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
