P. Subramani v. The District Collector

ORDER This Writ Petition has been filed for the following reliefs:- "directing the 4th respondent to regularize the petitioners temporary dismissal period as working period and regualrize salary as per the recommendation of the 7th Pay Commission and request to pay the salary balance as soon as possible and continue to pay the regularized salary in the future as per order of the 3rd respondent has passed in na.Ka. no 7862 / A2 / 2023 dated 31.08.2023 for regularized the period from 29.07.2010 to

07.02.2023 and consequentially by this Honble Court may be fixed the stipulate time for consider the petitioners representation on 10.02.2025." Brief Facts:- Page3 of 6

¶2The petitioner was appointed as a Secondary Grade Teacher and joined service on 06.10.2004 at Panchayat Union Primary School, Thavalpatti, Baithur Panchayat, Salem District, pursuant to Appointment Order No. 6270/A2/2004 dated 04.10.2004. Subsequently, by proceedings in Na.Ka.No.1739/A1/2005 dated 28.10.2005, the petitioner was transferred to Attur Union, Salem District, and was posted at Panchayat Union Primary School, V.O.C. Nagar, Thandavarayapuram Panchayat, where he continued to serve.

¶3While so, a criminal case was registered against the petitioner in Crime No.1277 of 2010. Pursuant to the registration of the case, the petitioner was placed under deemed suspension with effect from 29.07.2010 under Rule 17(e)

(2) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The criminal case was taken on file and tried before the Mahila Court, Salem. After a full fledged trial, by judgment dated 06.06.2022, the learned Trial Judge acquitted the petitioner of all charges, holding that the allegations against him were not proved.

¶4After his acquittal, the petitioner had submitted a representation seeking reinstatement in service. Considering the same, the 3rd respondent, by proceedings in Na.Ka.No.540/A2/2022 dated 31.01.2023, ordered the petitioner's reinstatement. Pursuant thereto, the 4th respondent issued Page4 of 6 consequential proceedings in Na.Ka.No.1972/A2/2022 dated 07.02.2023 permitting the petitioner to rejoin duty. Accordingly, the petitioner rejoined service on 08.02.2023.

¶5Thereafter, the petitioner had submitted representations requesting regularisation of the suspension period from 29.07.2010 to 07.02.2023 as duty period, fixation of pay in accordance with the recommendations of the 7th Pay Commission and all consequential service and monetary benefits. Accepting the petitioner's claim, the 3rd respondent, by proceedings in Na.Ka.No.7862/A2/2023 dated 31.08.2023, ordered regularisation of the suspension period from 29.07.2010 to 07.02.2023 and directed grant of full salary and all attendant service benefits, including increment and leave benefits, for the said period. As the said order has not been implemented, the petitioner had submitted representations dated 06.01.2025 and 10.02.2025. However, the said representations have not been disposed of to date. Hence, the present Writ Petition.

¶6Heard the learned counsel on either side and perused the records. Page5 of 6

¶7Considering the fact that the 3rd respondent had already passed an order dated 31.08.2023 regularising the petitioner's suspension period and granting all attendant service and monetary benefits, which has not been implemented to date despite the petitioner's several representations, the Writ Petition is disposed of with a direction to the newly impleaded respondent, namely, the 5th respondent, to consider and pass appropriate orders on the petitioner's representation dated 10.02.2025, on merits and in accordance with law and in the light of the proceedings of the 3rd respondent dated 31.08.2023, within a period of six weeks from the date of receipt of a copy of this order. No costs. 02-06-2026 Index: Yes/No Speaking/Non-speaking order SHR To

¶1The District Collector O/o District Collectorate Salem District

¶2The Chief Educational Officer O/o District Collectorae Salem District

¶3The District Education Officer (Elementary) O/o District Collectorate Salem District

¶4The Block Educational Officer O/o The Block Education Officer Attur, Salem District.

¶5Government of Tamilnadu, Rep. By its Secretary to Government School Education Department, St. George Fort, Secretariat, Chennai -9 Page6 of 6 P.T.ASHA J. SHR 02-06-2026

Page1 of 6 -IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-06-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA P. Subramani ..Petitioner(s) Vs 1. The District Collector O/o District Collectorate Salem District 2. The Chief Educational Officer O/o District Collectorae Salem District 3. The District Education Officer (Elementary) O/o District Collectorate Salem District 4. The Block Educational Officer O/o The Block Education Officer Attur, Salem District. 5. Government of Tamilnadu, Rep. By its Secretary to Government School Education Department, St. George Fort, Secretariat, Chennai -9 (Suo Motu impleaded) ..Respondent(s) Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 4th respondent to regularize the petitioners temporary dismissal period as working period and regualrize Page2 of 6 salary as per the recommendation of the 7th Pay Commission and request to pay the salary balance as soon as possible and continue to pay the regularized salary in the future as per order of the 3rd respondent has passed in na.Ka. no 7862 / A2 / 2023 dated 31.08.2023 for regularized the period from 29.07.2010 to 07.02.2023 and consequentially by this Honble Court may be fixed the stipulate time for consider the petitioners representation on 10.02.2025. For Petitioner(s): Mr. G. Munuraj For Respondent(s): Mr.AR Balaji, GA for R.1 to R.4.