Dismissed

Ponraj.C v. The District Collector

Madras HC26 Nov 2024WP(MD)/21296/2022

Case brief

AI extract

What is this about?

The Madras High Court dismissed a writ petition seeking quashment of a dismissal order and compassionate allowance. The bench directed the petitioner to exhaust the statutory appeal remedy under Rule 8(a) of the Tamil Nadu Civil Services Rules before filing. Subsistence allowance claims were deferred to the respondents.

What did the court decide?

None; petitioner directed to exhaust appeal remedy under Rule 8(a) of Tamil Nadu Civil Services (Discipline and Appeal) Rules.

Ponraj.C Vs The District Collector — Pension and Retirement Benefits | Madras HC (2024)

¶1

WP(MD)No.21296 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 26.11.2024

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

¶6

WP(MD)No.21296 of 2022

C.Ponraj

... Petitioner

1.The District Collector, Theni District, Theni.

¶11

2.The Commissioner of Panchayat Union, Theni Panchayat, Theni. ...Respondents

¶12

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorari to call for the records relating to the impugned proceedings passed by the 1^st respondent vide Na.Ka.No. 37937/2012/VU.VA.6, dated 07.01.2022 and to quash the same as illegal and consequently direct the respondent to provide compassionate allowance as per Section 40 of the Tamil Nadu Pension Rules, 1978 in favour of the petitioner.

¶13

For Petitioner : Mr.M.Sankar

¶14

For Respondent : Mr.G.V.Vairam Santhosh,

¶15

Additional Government Pleader

¶16

1/4

¶17

https://www.mhc.tn.gov.in/judis

¶18

WP(MD)No.21296 of 2022

¶19

ORDER

¶20

The petitioner has challenged the order of dismissal from service

¶21

passed by the District Collector / 1^st respondent.

¶22

2.When this writ petition is taken up for hearing, it is submitted that as against the order of dismissal from service, the petitioner is having an appeal remedy under Rule 8(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. However without exhausting the appeal remedy, the petitioner has filed this writ petition.

¶23

3.The learned Counsel for the petitioner has taken a plea that the petitioner was not paid with the subsistence allowance for the suspension period from 18.03.2021 to 07.01.2022.

¶24

4.This Court considered the rival submissions.

¶25

5.Since the petitioner is having an appeal remedy as against the impugned order, he shall work out his remedy under Rule 8(a) of the

¶26

2/4

¶27

https://www.mhc.tn.gov.in/judis

¶28

WP(MD)No.21296 of 2022

¶29

Tamil Nadu Civil Services (Discipline and Appeal) Rules. If the petitioner is entitled for the subsistence allowance for the aforesaid period, the same shall be considered by the respondents in accordance with the Tamil Nadu Payment of Subsistence Allowance Act.

¶30

6.This writ petition is disposed of in the above terms. No costs.

26.11.2024

Internet : Yes / No

DSK

The Commissioner, Sivagangai Municipality, Sivagangai.

¶36

3/4

¶37

https://www.mhc.tn.gov.in/judis

¶38

WP(MD)No.21296 of 2022

¶39

B.PUGALENDHI.J.,

¶40

DSK

¶41

WP(MD)No.21296 of 2022

¶42

26.11.2024

¶43

4/4

¶44

https://www.mhc.tn.gov.in/judis

Ponraj.C v. The District Collector

Case brief

What is this about?

What did the court decide?

Ponraj.C v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A.Elangovan Vs the Managing Director

M.Devaraj Vs the Director General of Police

Asokan A.S Vs The General Manager

C.Arumugam, Vs The Managing Director

Manoharan.S Vs The Government of Tamil Nadu

Elayaraja, Vs the Superintending Engineer