IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.11.2023 CORAM:

THE HON'BLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.17522 of 2018 & W.M.P.No.20792 of 2018 L.Moorthy ... Petitioner Vs.

1. The Director, The Directorate of Technical Education, Guindy, Chennai – 600 025

2. Srinivasa Subbaraya Government, Polytechnic College, Pithur – 609 108 Sirkali Taluk, Nagapattinam District rep. By its Principal 3. K.Chandrasekar Principal In-Charge (Retired), V.K.Nagar, Ammapettai Post, Chidambaram Taluk, Cuddalore District

4. A.Mary Christina Lecturer in Computer Department, Srinivasa Subbaraya Government, Polytechnic College, Pithur – 609 108 Sirkali Taluk, Nagapattinam District

5. S.Krishnamoorthy

6. A.Baskar Lecturer in General Department, Srinivasa Subbaraya Government, Polytechnic College, Pithur – 609 108 Sirkali Taluk, Nagapattinam District

7. A.K.Ravikumar Lecturer in Computer Department, Srinivasa Subbaraya Government, Polytechnic College, Pithur – 609 108 Sirkali Taluk, Nagapattinam District ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1^st respondent to conduct an enquiry against the 3^rd and 4^th respondents as well as the respondents 5 to 8 for their excesses in issuing a false report by fixing a time frame and consequently direct the respondents 1 and 2 to pay a compensation at Rs.90 Lakhs for pain and suffering that had been undergone by the petitioner.

For Petitioner : Mr.D.Ashok kumar For Respondents : Mr.M.Muthusamy for R1 Government Advocate

O R D E R

The present Writ Petition has been filed for issuance of a Writ of Mandamus directing the 1^st respondent to conduct an enquiry against the respondents 3 to 8 for their excesses in issuing a false report by fixing a time frame and consequently, direct the respondents 1 and 2 to pay a compensation at Rs.90 Lakhs for pain and suffering that had been undergone by the petitioner.

2. The brief facts of the case is that the petitioner had joined the department on 02.04.1986 and retired from his services on 30.04.2017 and during the course of his service, namely, 31 years, his services are highly just, meritorious and service oriented. The respondents 3 and 4 have acted hand in glove and looted the funds and when the same was questioned by the petitioner, they have developed an ill will and thus indulged in every action to sideline petitioner's career, due to which, the petitioner had undergone pain and suffering, which cannot be expressed in words. Further, the retirement benefits are yet to be settled and the same is only owing to their vindictive attitude of the respondents 3 and 4. Therefore, compensation sought at Rs.90 Lakhs is a bare minimum at the rate of Rs.25 Lakhs each from the 3^rd and 4^th respondents and at the rate of 10 Lakhs each from the respondents 5 to 8.

3. The learned counsel for the petitioner would submit that the respondents 3 and 4 have acted hand in glove and looted the funds and when the same has been questioned by the petitioner, they have developed an ill will and had indulged in every action to sideline the petitioner's career, hence this petition.

4. Per contra, the learned Government Advocate appearing for the

1^st respondent submits that the petitioner was suspended during his service for violation of Tamilnadu Government Servants Conduct Rules, 1973 when the petitioner was working in Government Polytechnic College, Udhagamandalam. Further, the petitioner has averred many allegations with malafide intension without an iota of truth or evidence. That apart, the materials and tools were available for the conduct of foundry / welding / lathe practical classes during the semester period from December 2015 to April 2016 for the Mechanical engineering students. The said workshop classes were conducted by the petitioner and S.Ramesh as internal Examiner for April 2016 practical examination and the petitioner gave wrong information that no materials are available in the institution for