LAWS(MAD)-2009-6-102

P THANGAIAH Vs. STATE OF TAMIL NADU

Decided On June 09, 2009
P. THANGAIAH Appellant
V/S
STATE OF TAMIL NADU REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT Respondents

JUDGEMENT

(1.) THIS writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus to set aside the order No.G.O.(3D) No,21, Agriculture Department, dated 28.2.1997 passed by the first respondent and to direct the respondents to refund the sums payable to the applicant consequent upon the imposition of the said penalty and to direct the respondents to promote the petitioner to the selection grade w.e.f. 01.01.1993 with all consequential benefits including arrears of pay and allowances with interest @ 12% p.a. Till the date of his superannuation and to refix the pension of the petitioner by ignoring the abovesaid penalty and taking into account his pay in the selection grade and to pay all consequent arrears of pension, gratuity and other benefits with interest @ 12% p.a. (as per the amended prayer vide court order, dated 6.4.2009 in M.P.No.1 of 2007). Heard both sides.

(2.) THE petitioner has filed O.A.No,6762 of 1997, seeking to challenge the order of the first respondent, dated 28.2.1997 in G.O.(3D) No,21, Agriculture Department, wherein by which the petitioner was imposed with the punishment of stoppage of increment for 3 years with cumulative effect.

(3.) ON receipt of the explanation from the petitioner, the first respondent State consulted the TNPSC. The TNPSC gave its advice, dated 11.11.1995. ON the basis of the advice and accepting the findings of the enquiry officer, the Government imposed the punishment against the petitioner as set out above. During the pendency of the O.A., the petitioner did not have the benefit of any interim order. The respondents also circulated the original records relating to the case of the petitioner.