1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2011 CORAM THE HONOURABLE MR.JUSTICE K.N.BASHA W.P.(MD)No.855 of 2011 and MP(MD)No.1 OF 2011 N.Ramakrishnan .. Petitioner Vs. 1. The Commissioner/H.R.& C.E., Administration Department, Nungambakkam, Chennai – 34. 2. The Joint Commissioner/Executive Officer, Arulmigu Ramanathaswamy Temple, Rameshwaram. 3. The Board of Trustees, Arulmigu Ramanathaswamy Temple, Rameshwaram. .. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus calling for the records relating to impugned order passed by the second respondent in his proceedings in Na.Ka.No.1418/2002/A2 dated 12.05.2010 and quash the same and consequently directing the respondents to pay the entire monetary benefits for the period of suspension from 10.10.2002 to 18.12.2009. For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.V.Pandi, Govt. Advocate ORDER Challenge in this petition is to the order passed by the second respondent in his proceedings in Na.Ka.No.1418/2002/A2 dated 12.05.2010 directing the petitioner to produce a certificate to show that the petitioner was not working in any other undertaking or firm and he has not left the headquarters in respect of every month from August 2004 and consequently directing the respondents to pay the entire monetary benefits for the period of suspension from 10.10.2002 to 18.12.2009. 2. Mr.A.Thirumurthy, learned counsel for the petitioner would contend that the petitioner, who was working as Assistant Beishkar, was suspended and thereafter, on revision, the said suspension order was set aside and as such, the petitioner is entitled to seek the relief of monetary benefits from the date of suspension, i.e., from 10.10.2002 to 18.12.2009, the date of order by the first respondent in the revision setting aside the order of suspension. It is contended that the petitioner sought for the said relief by way of representation dated 07.01.2010. As the same was not considered, the petitioner filed a writ petition before this Court in W.P.No.4496 of https://hcservices.ecourts.gov.in/hcservices/ 2 2010 and this Court by the order dated 07.04.2010 without going into the merits of the representation directed the respondents to consider the representation and pass orders on merits in respect of the claim of monetary benefits of the petitioner for the period from 10.10.2002 to 18.12.2009 within a period of eight weeks from the date of receipt of that order. It is contended that in spite of the same, the second respondent passed the impugned order dated 12.05.2010 directing the petitioner to produce certificates stating that he has not worked in any institution from August 2004 to 18.12.2009 and also to submit a letter separately for every month stating that he had not left the headquarters during the said period so as to claim subsistence allowance and the same is against the directions given by this Court. It is submitted that the petitioner was dismissed from service on 08.06.2010 and as against the said order, he has preferred an appeal before the second respondent. 3. Per contra, Mr.V.Pandi, learned Government Advocate for the respondents would submit that there is no infirmity or illegality in the impugned order passed by the second respondent. It is submitted that the petitioner was paid with the subsistence allowance upto July 2004 and as he had not submitted non employment certificate, subsistence allowance was not paid to him and as such, the second respondent has rightly directed the petitioner to produce the non employment certificate and a letter separately every month stating that he has not left the headquarters during the suspension period and the petitioner may produce such a certificate from a notary public. 4. This Court carefully considered the rival contentions put forward by either side and perused the entire materials available on record. 5. The fact remains that the petitioner was working as Assistant Beishkar in the third respondent temple and he was suspended during the year 2002. The first respondent by the order dated 18.12.2009 set aside the order of suspension passed by the second respondent and remitted the matter to the third respondent for conducting enquiry after affording opportunity to the petitioner within four weeks and as such, the petitioner seeks the relief of monetary benefits for the period from 10.10.2002 to 18.12.2009. Though a representation dated 07.01.2010 was submitted by the petitioner, the same was not considered and as such, the petitioner filed a writ petition before this Court in W.P.No.4496 of 2010 and this Court by the order dated 07.04.2010 directed the respondents to consider the representation and pass orders on merits in respect of the claim of monetary benefits of the petitioner within a period of eight weeks from the date of receipt of that order. But the second respondent straight away passed the impugned order dated 12.05.2010 directing the petitioner to produce certificates stating that he has not worked in any institution from August 2004 to 18.12.2009 and also to submit a letter separately for every month stating that he had not left the headquarters during the said period so as to claim subsistence allowance. 6. At the outset, it is to be stated that the impugned order was passed by the second respondent in flagrant violation of principles of natural of justice and contrary to the directions given by this Court. The order of the second respondent directing the petitioner to produce certificates stating that he has not worked in any institution from August 2004 to 18.12.2009 and also to submit a letter separately for every month https://hcservices.ecourts.gov.in/hcservices/ 3 stating that he had not left the headquarters during the said period is unwarranted one. 7. In view of the aforesaid reasons, this Court is constrained to set aside the impugned orders. Accordingly, this writ petition is allowed and the impugned order dated 12.05.2010 passed by the second respondent in Na.Ka.No.1418/2002/A2 is hereby set aside. The second respondent is directed to give entire monetary benefits for the period of suspension from 10.10.2002 to 18.12.2009. It is made clear that the said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. This petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Crl Side) /True Copy/ Sub Assistant Registrar gg To 1. The Commissioner/H.R.&C.E., Administration Department, Nungambakkam, Chennai – 34. 2. The Joint Commissioner/ Executive Officer, Arulmigu Ramanathaswamy Temple, Rameshwaram. 3. The Board of Trustees, Arulmigu Ramanathaswamy Temple, Rameshwaram. DM:2011:DEC:07:: W.P.(MD)No.855 of 2011 03.11.2011 3P:4C:: https://hcservices.ecourts.gov.in/hcservices/