M.Ramachandran Vs The Secretary to Government

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to consider and pass appropriate orders based on the petitioner's representation dated 11.02.2026 and to disburse the salary of petitioner from 26.05.2021 to 19.11.2023 with all attendant monetary and service benefits within the time stipulated by this Court.

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For Petitioner : Ms.M.Mamtha For Respondents : Mr.S.Shaji Bino Special Government Pleader

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O R D E R

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Mr.S.Shaji Bino, learned Special Government Pleader, takes notice for the respondents.

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2. With the consent of both sides, this writ petition is disposed of at the admission stage.

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

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W.P.(MD) No.6141 of 2026

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3. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents.

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4. It is the case of the petitioner that he was appointed as Grade-II Police Constable on 26.02.2016 and while he was working as such, he was subjected to disciplinary proceedings under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline & Appeal) Rules, 1955 and simultaneously, he was implicated in a criminal case registered in Crime No.739 of 2020, on the file of Sankarankovil Town Police Station. The disciplinary proceedings that were initiated against him under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline & Appeal) Rules, 1955, culminated in imposition of the punishment of dismissal from service by an order dated 26.05.2021. However, subsequently, the petitioner was acquitted in the criminal case registered in Crime No.739 of 2020, on the file of Sankarankovil Town Police Station, by the learned Judicial Magistrate, Sankarankovil, by a Judgment dated 01.09.2022. Thereafter, the petitioner submitted a mercy petition before the first respondent / Government requesting them for setting aside the punishment of dismissal from service. The first respondent / Government, having considered the same, issued orders in G.O.(2D) No.413,

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

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W.P.(MD) No.6141 of 2026

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Home (Police-IX) Department, dated 11.10.2023, modifying the punishment of dismissal from service to that one of postponement of increment for three years without cumulative effect and ordered reinstatement of the petitioner into service. Accordingly, the petitioner was taken back into duty on 19.11.2023. Thus, the petitioner was out of service from 26.05.2021 to 19.11.2023 and the said period was ordered to be treated as leave period without pay for which the petitioner is entitled to. It is aggrieved by the same, the petitioner claimed to have submitted a representation dated 14.10.2024 to the first respondent / Government requesting them to treat the said period as duty period and to release payment for the said period. Complaining against non-consideration of the said representation by the first respondent, the petitioner has approached this Court by filing the present writ petition.

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5. Learned Special Government Pleader appearing for the respondents submitted that the representation submitted by the petitioner is still pending consideration and the same would be considered by the fourth respondent in accordance with law expeditiously.

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6. In the light of the above, without going into the merits of the case, this writ petition is disposed of directing the fourth respondent to

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

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W.P.(MD) No.6141 of 2026

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consider the representation dated 14.10.2024 submitted the petitioner requesting for treating the period from 26.05.2021 to 19.11.2023 as duty period and pass appropriate orders as expeditiously as possible, at any rate, within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioner forthwith. No costs.

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06.03.2026

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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To: 1.The Secretary to Government, Home Department, Secretariat, Fort St.George, Chennai-600 009.

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