A S JANAARDHANAN Vs. DISTRICT COLLECTOR MADURAI

JUDGEMENT

(1.) THE amended prayer in the writ petition is to issue a writ of certiorarified mandamus calling for the records of the 3rd respondent in reference letter No.44589/Ser.3(1)/2005-2, dated 5.7.2006 and quash the order passed by the 3rd respondent and direct the 3rd respondent to sanction fixation of arrears of pay and allowances with interest thereon with retrospective effect from 3.7.1995 to 7.11.2002 in the cadre of Deputy Tahsildar and to sanction the fixation of arrears of pay and allowances with interest thereon in the cadre of Tahsildar with effect from 8.11.2002 to 30.11.2004 on par with the petitioner's junior N.S. Sivakumar.

(2.) THE brief facts necessary for disposal of the writ petition are as follows. (a) Petitioner was appointed as Junior Assistant in the Revenue Department through TNPSC and he joined duty on 16.12.1971. He was subsequently promoted as Revenue Inspector and posted at Thirupparan-kundram Firka of Madurai South taluk. (b)Petitioner countersigned a patta in the year 1986 in favour of one Lakshmi and Dhanam after observing all formalities as per the Revenue Standing Orders and later on it was found false. According to the petitioner, as per the Revenue Standing Order No. 30, if patta is not found correct, it will be cancelled and that patta will be issued to a correct person, after verifying all the records and the aggrieved person can file an appeal before the Revenue Divisional Officer, further appeal to the District Revenue Officer and then to the District Collector and Special Deputy Collector, meant for patta and land disputes and ultimately to the Commissioner of Revenue Administration. (c)Petitioner states that for the alleged issue of false patta, a criminal case was registered against the petitioner on 9.10.1992 in crime No. 21 of 1989 by the District Crime Branch and it was tried in C.C.No.1308 of 1992 by the learned Judicial Magistrate No.I, Madurai and the same was disposed of on 15.3.1999, holding that the petitioner is not found guilty. Petitioner was the 9th accused in the said case. (d)It is the further case of the petitioner that due to the pendency of the criminal case, he was not promoted as Deputy Tahsildar and his name was also not included in the panel of the year 1994. After the acquittal in the criminal case, petitioner filed application for inclusion of his name in the panel of Deputy Tahsildar for the year 1994 and also to give him all monetary benefits as it was given to his Junior N.S.Sivakumar, who joined as Deputy Tahsildar on 3.7.1995. Since there was no reply petitioner filed O.A.No.5666 of 2001 on the file of the Tamil Nadu Administrative Tribunal and by order dated 3.9.2001 the Tribunal directed to include the petitioner's name in the panel of Deputy Tahsildar for the year 1994. THEreafter Government issued G.O.3(D)No.1, Revenue Services Department, dated 4.2.2003 ordering to include the name of the petitioner in the panel of Deputy Tahsildar for the year 1994, pursuant to which the District Collector passed an order on 31.3.2003. (e)In the meantime, petitioner became eligible for the panel of Deputy Tahsildar for the year 2000 and joined as Deputy Tahsildar on 1.1.2003 at Taluk Office, Madurai South. Petitioner gave a representation for inclusion of his "name in the list of Tahsildar for the year 2001 and the Government issued G.O.No.2(D)No. 624 revenue Services 3(1) Department, dated 11.10.2004 and included petitioner's name in the list of Tahsildar for the year 2001 and the District Collector by his proceeding dated 3.11.2004 issued orders and the petitioner also joined as Tahsildar (DRS) Madurai North on 12.11.2004 and retired on 30.11.2004. (f)Since the petitioner was acquitted from the criminal charges, his name is bound to be included in the list of Deputy Tahsildar for the year 1994 and he is entitled to be given all service benefits including monetary benefits with effect from 3.7.1995 i.e. from the date of promotion given to his Junior N.S.Sivakuamr. Petitioner submitted a representation for claiming the said benefit before the Commissioner of Revenue Administration on 12.6.2003 and the same was rejected against which petitioner filed appeal before the Secretary Revenue Department on 12.10.2004 and no order has been passed till date. THErefore petitioner has filed the present writ petition seeking fixation of his pay and allowances with effect from 3.7.1995 to 30.11.2004 with interest.

(3.) ADMITTEDLY, petitioner was acquitted in the criminal case and only due to the pendency of the criminal case he was denied promotion earlier. The acquittal in the criminal case absolved the petitioner from the charge and the denial of promotion due to the said pendency of the criminal case should be remedied by giving promotion from the date when his junior was promoted. Notional promotion is ordered to be given by the Special Commissioner, Chennai-5, by order dated 14.6.2006 stating that monetary benefit can be given only from the date of actual joining as per FR.27. Even according to the counter affidavit, only due to the pendency of the criminal case, petitioner was not given promotion and if there is no criminal case petitioner ought to have been given promotion from 3.7.1995.