Madras High Court
WP/33145/2024 of M.PALANIKUMAR Vs THE STATE OF TAMIL NADU on 17 September 2026
WP No. 33145 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 33145 of 2024
CNR:{HCMA011966842024}
M.Palanikumar
S/o.B.V.P. Murugesan
formerly Vocational Training Instructor, Chennai Corporation Boys Hr.Sec. School, Saidapet, Chennai-600 015.
..Petitioner(s)
Vs
1. The State Of Tamil Nadu
Rep. By Its Secretary To Government, School Education Department, Secretariat, Chennai-600 009.
2. The Commissioner,
Corporation Of Chennai
(Education Department) Rippon Buildings, Chennai-600 003.
..Respondent(s)
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to pass appropriate orders treating the period from 01.06.2006 till the order of removal from service as well as from the entire period from the date of removal from service till 31.05.2022 as duty period for all purposes and to issue appropriate directions to the respondents herein to disburse all consequential retirement and pensionary benefits accordingly with interest on the delayed payment as deem fit by this Hon’ble Court.
For Petitioner(s):
Mr.M.Ravi
For Respondent(s):
Mr.V.Sivalingam
Government Advocate for R1
Mrs.Aswini Devi
Standing Counsel for R2
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WP No. 33145 of 2024
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ORDER
This writ petition has been filed to issue a Writ of Mandamus, to direct the respondents herein to pass appropriate orders treating the period from 01.06.2006 till the order of removal from service as well as from the entire period from the date of removal from service till 31.05.2022 as duty period for all purposes and to issue appropriate directions to the respondents herein to disburse all consequential retirement and pensionary benefits accordingly with interest on the delayed payment as deem fit by this Hon’ble Court.
2. The learned counsel for the petitioner would submit that after availing leave, he was reported to duty on 01.04.2007. In the meanwhile, for alleged unauthorized absence he was issued with a charge memorandum on 27.04.2007. Thereafter, he was removed from service on 31.10.2008. Against the order of removal, he preferred an appeal on 19.12.2008, subsequently, after intervention of this Court, the final order was passed on 17.06.2011 setting aside the punishment and remitting back the matter to proceed with from the stage of furnishing of the charge memorandum.
3. Even thereafter, since there was no initiative on the part of the respondents, the petitioner was again forced to approach this Court to file a writ petition in WP No.27836 of 2012. Wherein this Court directed the respondents to pass final order vide order dated 29.04.2022. Based on the direction of this Court, the respondents have passed an order on 20.12.2023 imposing the
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WP No. 33145 of 2024
punishment of compulsory retirement. While passing the order, they did not regulate the period between 01.06.2006 till 31.10.2008 and till 31.05.2022. Hence, it is the contention of the learned counsel for the petitioner that inspite of prolonged disciplinary proceedings and total lackness on the part of the respondents even after passing of the punishment they did not regulate the above periods. In this regard, he has sent a representation on 14.03.2024 wherein the respondents have not taken any action.
4. At this juncture, the learned standing counsel appearing for the second respondent would submit that they would pass specific order in accordance with rules.
5. In view of the above submission, this Writ Petition is disposed of, directing the second respondent to pass specific order upon the representation dated 14.03.2024 in accordance with applicable rules, within a period of four weeks from the date of receipt of a copy of this order. Notwithstanding the above order, if the petitioner is otherwise entitled for any other benefits on account of the imposition of punishment of compulsory retirement that also is directed to be paid within the above period. 17-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MTL
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WP No. 33145 of 2024
To
1. The State Of Tamil Nadu Rep. By Its Secretary To Government, School Education Department, Secretariat, Chennai-600 009.
2. The Commissioner, Corporation Of Chennai (Education Department) Rippon Buildings, Chennai-600 003.
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WP No. 33145 of 2024
C.KUMARAPPAN J. MTL WP No. 33145 of 2024 17-09-2026
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