IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-01-2026 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No.50557 of 2025 and WMP.Nos.56612 & 56614 of 2025 A.R.V. Kalidass S/o.Velusamy, No.22-A, Keel Thindal, Near Mariamman Koil, Thindal Post, Erode Dsitrict-638 012 Petitioner(s)

Vs

1. The Director I.R.T. Perundurai Medical College and Hospital, Perundurai, Erode District.

2.the Deen I.R.T. Perundurai Medical College and Hospital, Perundurai, Erode District.

Respondent(s)

PRAYER Writ Petition filed under Section 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Letter No.570/U4/ Sa Po Ni/ 2006 dated 05.05.2025 and order No.570/ U4/ Sa Po Ni/ 2026 dated 10.10.2025 passed by the 1st respondent and the consequential order passed by the 2nd respondent in order No.672/Ni3/ 2025 dated 01.07.2025 and the original order of punishment dated 13.06.2011 passed by the 2nd respondent in Se Mu Aa No.62/E3/ Sa Po Ni/ Pe Ma Ka/ 2005, quash the same and consequently, direct the respondents to restore the increments withheld, to regularise the period of suspension as duty with pay and to grant the petitioner selection grade and special grade w.e.f 01.04.2007 and 01.04.2017 with all consequential and monetary benefits and to refund a sum of Rs.8,850,98/- which was recovered from the petitioner with interest at the rate of 12 % per annum.

For Petitioner(s): Ms.V.Porkodi For Respondents: Mr.K.Tippusulthan Government Advocate

ORDER

This Writ Petition has been filed seeking quashment of the impugned orders vide Letter No.570/U4/ Sa Po Ni/ 2006 dated 05.05.2025, order in No.570/ U4/ Sa Po Ni/ 2026 dated 10.10.2025 and the consequential order passed by the 2nd respondent in order No.672/Ni3/ 2025 dated 01.07.2025 and the original order of punishment dated 13.06.2011 passed by the 2nd respondent in Se Mu Aa No.62/E3/ Sa Po Ni/ Pe Ma Ka/ 2005, and consequently, direct the respondents to restore the increments withheld, to regularise the period of suspension as duty with pay and to grant the petitioner selection grade and special grade w.e.f 01.04.2007 and 01.04.2017 with all consequential and monetary benefits and to refund a sum of Rs.8,850,98/- which was recovered from the petitioner with interest at the rate of 12 % per annum.

2. Mr.K.Tippusulthan, learned Government Advocate takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that on 01.06.1995, the petitioner joined as Pharmacist in the respondent Medical College and he was issued with a charge memo dated 25.04.2005, for his misconduct and the explanation for same was given by the petitioner. Based on the said charge memo, the respondents conducted a domestic enquiry and a report was submitted by the Enquiry Officer on 31.07.2005. Subsequently, the respondents issued a show cause notice dated 22.11.2010, calling the petitioner to give explanation on the enquiry report. After submission of the explanation, the respondents issued a second show cause notice dated 22.02.2011 and the explanation for the same was given by the petitioner. Consequently, on 13.06.2011, the second respondent passed an order of punishment, withholding increment for a period of two years with cumulative effect. Aggrieved by the said punishment order, the petitioner preferred an appeal before the first respondent and on 21.12.2011, the appeal came to be rejected. Challenging the said order, the petitioner filed a Writ Petition in W.P.No.32743 of 2012 and this Court vide order dated 13.08.2024, set aside the order of the first respondent and granted liberty to the petitioner to file a fresh appeal before the Appellate Authority. Pursuant to which, the petitioner filed an appeal before the first respondent, seeking regularization of his suspension period and quashment of the punish