LAWS(MAD)-2022-4-103

A. PERIYAKARUPPAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

Decided On April 19, 2022
A. PERIYAKARUPPAN Appellant
V/S
PRINCIPAL SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) The Writ Petition in W.P.(MD) No. 18636 of 2013 is filed to quash the impugned order passed in G.O. (2D) No. 364, Revenue (Ser-2)(1) Department, dtd. 17/8/2012 and consequently, to direct the respondents to pay full pension.

(2.) The writ petition in W.P.(MD)No.3070 of 2020 is filed to quash the impugned G.O.(2D)No.159, Revenue (Ser-2)(1) Department, dtd. 6/4/2009 and G.O.(2D)No.364, Revenue (Ser-2)(1) Department, dtd. 17/8/2012 and to direct the respondents to sanction full pension and full DCRG to the petitioner with arrears from the date of retirement with 7.5% interest

(3.) The brief facts of the case are that the petitioner has served in the Revenue Department for the past 35 years and lastly served as Distillery Officer in the cadre of Deputy Collector in the Rajashree Sugars and Chemicals Private Limited, Varadaraj Nagar, Periyakulam Taluk, Theni District. The petitioner attained superannuation on 28/2/2006 and was not allowed to retire, but was placed under suspension because of the pendency of the disciplinary proceedings. In G.O. (2D) No.159, Revenue Department, dtd. 6/4/2009, the Government decided to impose the punishment of compulsory retirement for the proven charges. In G.O. (2D) No.364, Revenue Department, dtd. 17/8/2012, the Government issued orders that the petitioner is eligible for 2/3rd of pension and DCRG shall be paid. The 1/3rd of the eligible pension and the retirement gratuity was reduced as penalty.