R NEDUNCHEZHIYAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner Dr. Nedunchezhiyan has come to this Court by filing the present writ petition to call for the records relating to the Letter No. 22246/AH1/2006-3 dated 16.06.2010 issued by the 1st Respondent and to quash the same as being illegal, arbitrary and unconstitutional and consequently direct the Respondents to grant all the terminal benefits due to the Petitioner on the basis of his superannuation dated 31.05.2007 with all attendant benefits with interest at 12% per annum.

(2.) The learned Counsel appearing for the Petitioner has made two submissions:

(3.) However, the Petitioner was shocked to receive an order dated 30.09.2008 compulsorily retiring the Petitioner from service. Thereafter, the Petitioner filed another writ petition in WP. No. 28265 of 2008. The learned single judge of this Court by an order dated 30.09.2008 allowed the writ petition by directing the Respondents to allow the Petitioner to retire from service with effect from 31.05.2007 and to pay him all the terminal benefits without any delay. The said order was not complied with, which forced the Petitioner to file Contempt Petition in Cont. P. No. 1018 of 2009 against the order dated 22.01.2009 in WP. No. 28265 of 2008. During the pendency of the Contempt Petition two writ appeals in W.A. Nos. 114 and 115 of 2010 have been preferred by the Respondents as against the order passed by the learned single judge. W.A. Nos. 114 and 115 of 2010 by order dated 25.01.2010 were dismissed and the First Bench of this Court while passing the detailed order directed the Appellants to release all the service benefits of the Respondent at the earliest on the footing that he has retired honourably on 31.05.2007. In spite of the order passed in the above mentioned writ appeals, the 1st Respondent passed the present impugned order without holding any enquiry before passing the impugned order seeking pension cut of Rs. 50/-per month for a period of one year. The said impugned order is now challenged.