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ABDUL QUDDHOSE
K. Muruganantham – Appellant
Versus
Secretary to Government of Tamil Nadu, Home Department, Secretariat – Respondent
ORDER :
Abdul Quddhose, J.
[PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, calling for the records on the file of the third respondent in connection with the impugned order passed in C.No.A1/449/67/2017 dated 03.08.2017 and quash the same and consequently direct the respondents to give arrears of all monetary benefits with effect from the date of notional promotion given to the petitioner in the post of Special Sub Inspector of Police with effect from 01.08.2010 to till 16.08.2016 with 18% interest.]
This Writ Petition has been filed challenging the order of the third respondent dated 03.08.2017, rejecting the petitioner's request for monetary benefits from 01.08.2010 to 16.08.2016.
2. According to the petitioner, the respondents having treated the period from 01.08.2010 to 16.08.2016 as duty period, ought to have granted the monetary benefits to the petitioner for the said period. Earlier, the petitioner was facing departmental proceedings and criminal prosecution was also launched against him. Admittedly, the criminal prosecution against the petitioner ended in acquittal and the departmental proceedings again
The main legal point established in the judgment is the entitlement of a government servant to notional pay fixation upon exoneration from disciplinary proceedings, as per the relevant government ord....
An employee wrongfully suspended is entitled to promotions and back pay, as any delay in benefits cannot penalize them for circumstances beyond their control.
The punishment takes effect from the date of serving the order to the employee, and the currency of punishment may vary based on the nature of the punishment imposed.
Exonerated government servants are entitled to notional promotion and financial benefits despite retirement, overriding past disciplinary proceedings.
The competent authority has the power to grant full pay and allowances for the period of suspension if it is of the opinion that the suspension was wholly unjustified.
Post-acquittal, a suspended government servant is entitled to full pay and benefits, with retrospective promotion as mandated by applicable rules and prior court directives.
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