Back
2025 Supreme(Mad) 5450
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T.ASHA, J.
S. Agoram – Petitioner
Versus
The State of Tamil Nadu, Rep. by its Principal Secretary, Public Works Department – Respondent
W.P.No.6510 of 2022 and WMP.No.6586 of 2022
Decided On : 18-12-2025
For the Petitioner: Mr. K.S. Jeyaganeshan for Mr. P. Navaneetha Krishnan
For the Respondents: Ms. S. Anitha, Special Government Pleader.
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.
Headnote:(A) Fundamental Rules - Rule 54
(B) - Writ of Certiorarified Mandamus - Entitlement to promotions and pay benefits - The petitioner, after acquittal from criminal charges, sought promotion and pay benefits from retrospective dates as per court orders. The court highlighted the requirement to comply with earlier directives concerning regularization and promotion. (Paras 5, 8)
(B) Suspension and Acquittal - Rights post-acquittal - Suspension viewed as absence from duty; entire period must be regularized with pay and allowances. The court affirmed rights of reinstated employees to full pay and benefits, aligning with the rules laid down in case law. (Paras 6, 7)
Facts of the case:
The petitioner was suspended and later acquitted of charges but faced delays in receiving due pay benefits and promotions. Court decisions affirmed his rights amid bureaucratic delays, leading to the final judgment.
Findings of Court:
Impugned government orders denying benefits were set aside, and the petitioner was directed to receive his rightful pay benefits retrospectively from the stipulated date with applicable interest.
Issues: The main legal questions were regarding the entitlement to promotion and pay post-acquittal, and adherence to statutory rules by the government.
Ratio Decidendi: The court concluded that the government's non-compliance with its prior orders constituted a denial of rightful benefits, and reinstatement calls for adherence to prescribed rules and equity.
Result: Writ petition allowed.
| Table of Content |
|---|
| 1. detailed account of petitioner’s employment history. (Para 2) |
| 2. respondents provided counter-arguments on compliance. (Para 3) |
| 3. petitioner's claim for full pay upheld due to acquittals. (Para 5 , 6) |
| 4. contradiction in government orders against prior court decisions. (Para 8) |
| 5. writ petition allowed; government orders set aside. (Para 9) |
ORDER :
P.T.ASHA, J.
The writ petition is filed for the following relief :
“To issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 1st respondent in G.O.(D) No.105 Public Works (A1) Department dated 30.04.2015 as well as G.O.(2D) No.69 Public Works (C1) Department dated 04.10.2019 and the consequential proceedings of the 3rd respondent in proceedings No.E1(6)/14230/2009 dated 06.10.2020 and quash the same and consequently direct the respondents to fix the scale of pay of the petitioner in the post of Head Draughting Officer with effect from 09.11.2000 as well as all to pay monetary benefits to the petitioner herein by applying F.R.54(B), as well as the directions by the Division Bench of this Court in W.A.No.628 of 2007, dated 26.10.2007 along with interest at the rate of 12% p.a for the belated payment.”
2. The facts are briefly set out herein below :
a) The petitioner had joined the Public Works Department as Draughtsman Grade III, in the year 1972. While he was working as Draughtsman Grade II, he was placed under suspension on 26.04.1980, by the Superintending Engineer, P.W.D., Chennai, on the ground that an enquiry into grave charges is contemplated under Rule 17(E) of the Tamil Nadu Civil Services (Classification, Control and Appeal) Rules.
b) The petitioner was thereafter arrayed as accused in three criminal cases in C.C.No.16 of 1983, C.C.No.24 of 1983 and C.C.No.28 of 1983, for offences committed under the provisions of Prevention of Corruption Act. Since there was no progress in the criminal trial, the petitioner had filed O.A.No.517 of 1991 on the file of Tamil Nadu State Administrative Tribunal, challenging his suspension and seeking to regularise the period of suspension. By an order dated 18.09.1991, the Tribunal had revoked the order of suspension and directed the respondent to reinstate the petitioner into service. The petitioner had also joined the duty as Draughting Officer on 13.11.1991.
c) Considering the fact that his services was not regularised, the petitioner had filed O.A.No.2403 of 1995 before the Tamil Nadu Administrative Tribunal, which was later transferred to the file of this Court and numbered as W.P.No.17294 of 2006. Meanwhile, the petitioner was acquitted from the criminal cases on 15.04.2004, 23.04.2004 and 06.02.2006.
d) This Court by an order dated 13.03.2007 in W.P.No.17294 of 2006, has held that the petitioner was entitled for regularisation of service in the category of Draughtsman Grade II, however, he was not entitled to any back wages, and would be entitled to benefits from the date of the order, so also the pensionary benefits. Aggrieved by the denial of back wages and also that the benefits would accrue only from the date of the order in W.P.No.17294 of 2006, the petitioner had filed W.A.No.628 of 2007.
e) During the pendency of the writ appeal, the third respondent vide letter dated 19.05.2007, had made recommendations to the second respondent that the petitioner should be placed in the seniority list between Sl.No.88 and Sl.No.89, as the petitioner was senior to one G.Lakshmanan, who was promoted as Head Draughting Officer and who was since retired.
f) The petitioner would submit that he is entitled to be promoted as Senior Draughting Officer, Special Grade Draughting Officer and Head Draughting Officer, as mandated for the preparation of panel for appointment by promotion / recruitment.
g) The petitioner would rely upon the instructions of the Government order which would state that the Government Servant whose promotion is deferred on account of pending charges, should be informed o
