SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 8850

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
Bhuvaneswari – Appellant
Versus
The Director of Public Health – Respondent
W.P No.6835 of 2016 | WMP.No. 6086 of 2016



Advocates:
For the Appellants/Petitioners: J. Kamaraj
For the Respondents: E. Sundaram

A writ petition challenging retention in service pending enquiry becomes infructuous if the employee is subsequently deemed to have retired on superannuation, though the court may direct the expeditious conclusion of pending disciplinary proceedings.

Headnote:The petitioner filed a Writ of Certiorarified Mandamus under Article 226 of the Constitution of India challenging orders that placed her under suspension and prevented her retirement upon attaining the age of superannuation. The court noted that the respondent subsequently issued proceedings deeming the petitioner to have retired from service effective 31.12.2015 under Rule 56(1-A), while disciplinary proceedings were to continue under Rule 9 of the Tamil Nadu Pension Rules, 1978. The court examined whether the petition survived given the subsequent retirement order. It was observed that since the petitioner had been deemed retired, the primary challenge to the retention in service was resolved, although the disciplinary proceedings had been pending since 2015. The respondent authorities are directed to conclude the disciplinary proceedings pending against the petitioner within a period of four (4) months from the date of receipt of a copy of this order.

Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the 1 respondent in R.No.60947/PHC3/A4/2013-10 dated 23.12.2015 and R.No.60947/PHC3/Ar/2013-11 dated 31.12.2015 and quash the same and consequntially direct the respondents to release all retirement benefits in favour of the petitioner and pass such further or other orders.

O R D E R

The petitioner challenges the order dated 31.12.2015 passed by the 1st respondent, whereby the petitioner was placed under suspension and, pending enquiry, was not permitted to retire from service on attaining the age of superannuation and was retained in service.

Heard the submissions made by the learned counsel appearing for the petitioner as well as the learned State Counsel appearing for the respondents, and perused the materials placed on record.

The learned State Counsel has placed on record the proceedings dated 03.02.2026 issued by the 1st respondent, whereby the petitioner has been deemed to have retired from service with effect from the date of her superannuation, i.e., the afternoon of 31.12.2015, under Rule 56(1-A). It is further informed that the disciplinary proceedings pending against the petitioner shall be continued under Rule 9 of the Tamil Nadu Pension Rules, 1978 .

In light of the above development, nothing survives for adjudication in the present Writ Petition. However, considering the fact that the disciplinary proceedings have been pending since 2015, this Court deems it appropriate to issue a direction for their expeditious conclusion.

Accordingly, the Writ Petition stands disposed of. The respondent authorities are directed to conclude the disciplinary proceedings pending against the petitioner within a period of four (4) months from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous Petition is closed. There shall be no order as to costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top