1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)Nos.13698 to 13700 of 2011 and M.P.(MD).Nos.1 of 2011 in all W.Ps. P.Pandiyan ... Petitioner in W.P.No.13698/2011 S.Prince Selvakumar ... Petitioner in W.P.No.13699/2011 M.Vanasekaran ... Petitioner in W.P.No.13700/2011 Vs. The District Forest Officer, Theni Division, Theni. ... Respondent in all W.Ps. Prayer in W.P.No.13698/2011: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to forbear the respondent from recovering the amount of Rs.3,895/- as first installment and Rs.2,000/- as second installment from the petitioner monthly salary of November onwards on the basis of the order passed by the respondent vide Sa.Mu.Aa.No.15202/2009 P3 dated 31.05.2011 within the appeal period of two months. Prayer in W.P.No.13699/2011: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to forbear the respondent from recovering the amount of Rs.2,080/- as first installment and Rs.1,000/- as second installment from the petitioner monthly salary of November onwards on the basis of the order passed by the respondent vide Na.KA.No.15204/2009 P3 dated 31.05.2011. Prayer in W.P.No.13700/2011: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to forbear the respondent from recovering the amount of Rs.3,895/- as first installment and Rs.2,000/- as second installment from the petitioner monthly salary of November onwards on the basis of the order passed by the respondent vide Sa.Mu.Aa.No.15203/2009 P3 dated 31.05.2011. For Petitioners : M/s.R.Murugappan For Respondent : Mr.T.R.Janarthanan, Additional Govt. Pleader C O M M O N O R D E R The petitioner P.Pandiyan in W.P.No.13698 of 2001 aggrieved by the impugned order passed by the District Forest Officer, Theni Division, Theni, the respondent herein in Sa.Mu.Aa.No.15202/2009 P3 dated 31.05.2011 has filed the present Writ Petition. In the impugned order, the petitioner was imposed with the punishment of stoppage of increment for a period of one year with cumulative effect. In addition to the said punishment, an amount of Rs.1,03,895/- was sought to be recovered by way of 51 monthly installments commencing at the rate of Rs.3,985/- towards first installment and in respect of rest of the installments 2 to 51, an amount of Rs.2,000/- https://hcservices.ecourts.gov.in/hcservices/ 2 was sought to be recovered. Since the order dated 31.05.2011 was received by the petitioner only on 25.11.2011, the petitioner is entitled to challenge the correctness of the said order by way of filing an appeal within a period of 60 days from the date of receipt of the order. Though the impugned punishment was imposed against the petitioner by order dated 31.05.2011, the said order was made available only on 25.11.2011. Therefore, from the date of receipt of the order dated 31.05.2011, the petitioner is having 60 days time. But before the completion of the two months appeal period, the respondent intended to recover the first installment at the rate of Rs.3,895/- 2. Similarly, two other Writ Petitions have been filed by the petitioners in W.P.(MD).Nos.13699 and 13700 of 2011 with same set of facts praying for the same relief. 3. The learned counsel appearing for the petitioners has also brought to the notice of this Court to the date mentioned by the respondent at the time of issuing the order as 25.11.2011. Therefore, it goes without saying that the petitioners having received the said order on 25.11.2011, before the expiry of 60 days the petitioners have to file an appeal and the impugned order cannot be given effect till the expiry of 60 days. 4. Mr.T.R.Janarthanan, learned Additional Government Pleader appearing for the respondent also submits that since the three impugned orders dated 31.05.2011 were made ready only on 25.11.2011, the petitioners are entitled to the benefit of filing an appeal within the appeal period. 5. Therefore, this Court recording the statement made by the learned Additional Government Pleader appearing for the respondent, directs the petitioners to file an appeal within sixty days as mentioned by the respondent in the impugned order, from the date of receipt of a copy of the order i.e., from 25.11.2011 and the impugned order cannot be given effect till the expiry of 60 days of appeal time. In view of that, these Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. SD ASST REGISTRAR ( RTI Act ) /TRUE COPY/ SUB ASST REGISTRAR akv To The District Forest Officer, Theni Division, Theni. 1CC TO THE SPL. GOVT PLEADER SR: 42249: DM::2011:DECEMBER:16:: W.P.(MD)Nos.13698 to 13700 of 2011 30.11.2011 2P:3C:: https://hcservices.ecourts.gov.in/hcservices/