D.MARTIN JOHN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) An order dated 03.07.2009 of the second Respondent in respect of the recovery of an aggregate sum of Rs.1,60,555/- from the Petitioner is under challenge in this writ petition and a consequential direction is prayed for to treat the period from 19.03.2002 to 24.01.2007 as a duty period for all purposes.

(2.) The Petitioner joined in the Police Department as a Grade II Police Constable on 12.08.1971 and he was promoted as a Grade I Police Constable subsequently. On 14.05.1997, he was imposed with the punishment of compulsory retirement for being absent without permission during three separate periods. Being aggrieved by the said order, the Petitioner filed O.A.No.3421 of 1999 before the Tamil Nadu Administrative Tribunal. By order dated 19.03.2002, the Tamil Nadu Administrative Tribunal set aside the order of compulsory retirement and imposed the modified punishment of stoppage of increment for three years with cumulative effect. The said order further provided that the Petitioner is not entitled to back wages for the period of unemployment.

(3.) Meanwhile, pursuant to the order of compulsory retirement, the Petitioner received pension during the period from 14.05.1997 to 19.03.2002. Pursuant to the order of reinstatement, by order dated 06.05.2002, the Petitioner was called upon to repay the amounts received as terminal benefits as a condition precedent to reinstatement. This order was challenged by the Petitioner by filing O.A.No.2977 of 2002 before the Tamil Nadu Administrative Tribunal. By order dated 06.02.2003, the Administrative Tribunal concluded that the amount may be recovered from the Petitioner in 40 monthly installments because the Petitioner had four more years of service at the relevant point of time. Consequently, the Respondent was directed to reinstate the Petitioner, without delay, and recover the amount due in 40 monthly installments. The said order was challenged by the Respondents by filing W.P.No.477 of 2004. This writ petition was dismissed by order dated 12.12.2006 whereby this Court concluded that the first Respondent is entitled to recover the sum of Rs.1,60,555/- from the terminal benefits if the said amount could not be recovered earlier. Pursuant thereto, the Petitioner was reinstated by order dated 24.01.2007.