STATE OF TAMIL NADU REP BY ITS SECRETARY TO GOVERNMENT INDUSTRIES DEPARTMENT AND THE DISTRICT COLLECTOR Vs. T GANAPATHAY, FORMERLY DEPUTY TAHSILDAR

JUDGEMENT

(1.) This writ appeal has been preferred by the appellants against the order of the learned single Judge, dated 12.1.2009, made in W.P. No. 31347 of 2007.

(2.) The respondent herein had filed the writ petition in W.P. No. 31347 of 2007 praying for a writ of Certiorarified Mandamus to call for the records relating to the Letter No. 25082/E1/2007-20, dated 30.8.2007, issued by the first respondent and quash the same and to direct the second respondent to pay his pensionary benefits from the date of his superannuation, including the periods when he was under suspension.

(3.) The respondent herein, who is the petitioner in the writ petition, had stated that he had served for nearly 38 years in the Revenue Department. He rose to the post of Deputy Tahsildar. He ought to have retired, on 30.6.2005, on attaining the age of superannuation. However, he was placed under suspension, with effect from 29.6.2005, by the proceedings of the District Revenue Officer and Collector in-charge, Tirunelveli, dated 28.6.2005, made in proceedings No. A6/45603/05. In the said proceedings, it had been stated that it was necessary, in public interest, to place him under suspension from service, from 29.6.2005, until further orders, since a criminal case registered against him in C.R. No. 2 of 1997, under Sections 7 and 13(2) read with 13(1) of the Prevention of Corruption Act, 1988, was still pending. Therefore, he was placed under suspension, invoking Rule 17(e) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955. It had also been stated that he would be paid the subsistence allowance and dearness allowance admissible under Fundamental Rule 53(1).