M.Palanichamy Vs the Principal Secretary-Cum

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to issue necessary order for retirement of the petitioner and disburse the retirement benefits, regularization of the petitioner's period of suspension, pay arrears of salary, increments,

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W.P(MD) No.4214 of 2020

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pension, revised pension and other monetary benefits etc., together with interest at 7.5% pa., from 31.03.2017 as per the order dated 06.06.2017 made in W.P.(MD)No.5051 of 2017 on the file of this Court.

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For Petitioner : Mr.G.Thalaimutharasu, for Mr.S.Srinivasa Raghavan

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For Respondents : Mr.M.Siddharthan Additional Government Pleader

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ORDER

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(Order of the Court was made by G.R.SWAMINATHAN, J.)

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Heard the learned counsel on either side.

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The writ petitioner joined the revenue department as VAO on 12.03.1984. He reached the age of superannuation on 31.03.2017. On the eve of his retirement ie., on 20.03.2017, he was placed under suspension. The suspension order was set aside by a learned single Judge of this Court vide order dated 06.06.2017 in W.P.(MD)No.5051 of 2017. Writ appeal filed by the department was also dismissed by us today.

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W.P(MD) No.4214 of 2020

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3. In these circumstances, all the subsequent proceedings such as

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retaining the petitioner on service on 31.03.2017 also have to go as a matter of course. Charge memo was subsequently issued against the

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petitioner only in the year 2023. The charge reads as follows:-

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“Charge – 1:-

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You, Thiru.M.Palanisamy, Tahsildar, Social Security Scheme (SSS), Avudayarkovil Taluk, Pudukkottai District while working as Tahsildar, Social Security Scheme (SSS), Avudayarkovil Taluk, Pudukkottai District had demanded and obtained Rs.9,000/as bribe and also obtained new garments worth about Rs.2,000/from the complainant Thriu.M.Faqurudeen, to issue the order for recommending police protection to the complainant to harvest the paddy crop in his land measuring about 60 acres in patta No.1061, 1062, 1063 & 1116 at Athavathur Village in Pudukkottai District.

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Charge-2:-

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You thereby failed to maintain integrity and devotion to duty and thereby violated Rule 20(1) of the Tamil Nadu Government Servants Conduct Rules, 1973.”

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The charge suffers from the vice of vagueness. Hence, it is quashed. Non-disbursement of the terminal benefits of the writ petitioner is clearly

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bad in law. The petitioner is deemed to have retired from service on 31.03.2017. All the terminal benefits payable to the writ petitioner shall

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be settled within a period of twelve weeks from the date of receipt of a

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copy of this order.

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