IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice C.V. KARTHIKEYAN
P.THANGAVEL – Appellant
Versus
UNION OF INDIA – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-02-2026 CORAM THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU WP No. 8143 of 2024 P.Thangavel S/o. Perumal Reddi, No. 23, D1, 3rd Street, Jothipuram, Coimbatore 641 047 ..Petitioner(s)
Vs
1. Union of India Rep. By Its Manager (Printing), Government Of India Press, Coimbatore 641 019
2. The Director (Printing)
Directorate of Printing, B Wing, Nirmal Bhavan, New Delhi 110 011 ..Respondent(s)
Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the Central Administrative Tribunal, Chennai Bench in OA. No. 378 of 2020 dated 09.08.2023 and quash the same and consequently direct the respondent to sanction pension, gratuity, commutation, earned leave encashment and all other terminal benefits along with interest at 12% percent to the petitioner from
01.07.2014.
For Petitioner(s): Mr.V.Vijay Shankar For Respondent(s): Mr. Venkataswamy Babu Senior Panel Counsel (For R1 & R2)
ORDER
(Order of the Court was made by K.Kumaresh Babu J.)
The present writ petition has been filed to quash the order of the Central Administrative Tribunal, Chennai Bench, in O.A.No.378 of 2020 dated 09.08.2023 and consequently to direct the respondent to sanction pension, gratuity, commutation, earned leave encashment and all other terminal benefits along with interest at 12% percent to the petitioner from 01.07.2014.
2. The learned counsel for the petitioner would submit that the petitioner had joined the service as early as in the year 1979 based upon a certificate, certifying him as belonging to Scheduled Tribe (ST). Based upon the orders passed by the District Level Vigilance Committee as confirmed by the State Level Scrutiny Committee, his services were terminated on 26.05.2003. Being aggrieved against the same, the petitioner had approached the Tribunal in O.A.No.718 of 2003, which came to be allowed by order dated 06.02.2024. The petitioner had also challenged the orders of the District Level Vigilance Committee and the State Level Scrutiny Committee in W.P.No.23484 of 2003 and the same also came to be allowed by the orders of the Division Bench of this Court dated 27.07.2005. Against the order of the Tribunal, the respondents had approached this Court in W.P.No.6717 of 2004 and the same came to be dismissed on 10.08.2005. The respondent had also preferred S.L.P.No.2583 of 2006, which was converted into Civil Appeal No.6051 of 2010. As the petitioner had superannuated in the interregnum on 30.06.2014, the Hon’ble Apex Court, by applying its earlier judgment in General Manager (P and A)., O.N.G.C., Ltd., Vs. B.Kirupanjali, dated 26.02.2016, had held that since the petitioner had superannuated, there is no question of reinstatement, but he would be entitled for 50% of the backwages. After disposal of the Civil Appeal, the petitioner had approached the Department for grant of terminal benefits, which came to be negatived. Thereafter, he preferred O.A.No.204 of 2019, wherein directions were issued to the respondents to consider the case of the petitioner.
3. The claim was rejected by holding that a dismissed Government servant would not be entitled for any pensionary benefits as per Rule 24 of the Central Civil Services (Pension) Rules, [hereinafter Rules] and that Rule 25 of the Rules do not also permit counting of the period from the date of dismissal to the date of superannuation as qualifying service, as the said period has neither been regularized as duty or leave by a specific order of the competent authority. Being aggrieved against the same, the petitioner had again approached the Central Administrative Tribunal by filing an Original Application, wherein the Tribunal had rejected the claim, holding that the petitioner had not been reinstated into service, in view of the stay by the Hon’ble Apex Court and the Hon’ble Apex Court had only granted 50% of backwages and had not ord
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