Monetary benefits cannot be denied to an employee acquitted of charges and restored to a position of promotion after disciplinary actions were dropped.

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records relating to the impugned letter dated 19.08.2019 bearing No.14191/Po.3/2019 issued by the fourth respondent, quash the same and consequently direct the respondents to provide the monetary benefits attached to the petitioner’s service as Chief Head Warder, Grade-I Warder and Grade-II Warder for the period between 25.10.2012 and 29.01.2017.

2. The petitioner herein, while working as a Grade-II Police Constable, was involved in criminal proceedings in S.C.No.305 of 2011 on the file of the I Additional District and Sessions Court, Madurai and simultaneously, disciplinary proceedings were also initiated against the petitioner by the respondents.

3. Though the petitioner was otherwise eligible for promotion to the post of Grade-I Warder on 03.11.2012, his case was deferred in view of the pendency of the criminal proceedings as well as the disciplinary proceedings. However, subsequently, the said criminal case ended in acquittal on 29.01.2016 and thereafter the respondents also dropped the disciplinary proceedings initiated against the petitioner on 15.03.2016.

4. Thereafter, the petitioner made a claim for consideration of his case for promotion on par with his immediate junior to the posts of Grade- I Warder and Chief Head Warder. The said claim of the petitioner was considered and accordingly, by proceedings dated 28.09.2017, the seniority of the petitioner in the post of Grade-I Warder for the panel year 2012-2013 was restored and he was placed above his immediate junior in the seniority list. Thereafter, the case of the petitioner was considered for further promotion to the post of Chief Head Warder through proceedings dated 04.09.2018 and the said benefit was extended to him with effect from 05.08.2017. The pay of the petitioner was also fixed in the promotional post by extending the notional benefit of promotion. However, the monetary benefits were not extended. Hence, the petitioner made a request for grant of monetary benefits. But the said request of the petitioner was negatived by the fourth respondent by passing the impugned proceedings dated 19.08.2019. Aggrieved by the same, the petitioner is before this Court.

5. The fourth respondent has filed a counter affidavit on behalf of the other respondents also and has contended that the petitioner has not actually served in the posts of Grade-I Warder and Chief Head Warder for the period for which the notional benefit was extended to him and therefore, he is not entitled to the monetary benefits for the said period on the principle of “no work, no pay.” He has further contended that the pay of the petitioner has been fixed by duly taking into consideration the entire promotional period notionally and that he is being paid the said pay. He has also contended that the petitioner is not entitled to monetary benefits for the notional period, as he never worked in the posts of Grade-

I Warder and Chief Head Warder.

6. Heard Mr.R.Saravanan, learned counsel for the petitioner and Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents.

7. The learned counsel for the petitioner placed reliance on the decision of a Coordinate Bench of this Court dated 06.02.2024 in W.P. No.22804 of 2010 [V. Dhakshnamoorthy v. Tamil Nadu Warehousing Corporation, rep. by its Executive Committee and others] and contended that the very same issue had fallen for consideration before this Court in the said case. In the said decision, this Court held that where an employee is denied promotion on account of his involvement in a criminal case or disciplinary proceedings and ultimately the said proceedings end