1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.11231 of 2011 M.Lourdhu Mary : Petitioner Vs. 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Commissioner, Kurunthan Code Panchayat Union, Kanyakumari District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to regularise the suspension period from 31.01.2005 to 05.11.2008 as service of the petitioner and consequently, directing the respondents to grant all the benefits including salary in the above said suspension period to the petitioner. For Petitioner : Mr.M.Ramadhas For Respondents : Mr.S.Chandrasekar Government Advocate ORDER Pleadings and material on record disclose that by order dated 31.01.2005, the District Collector, Kanyakumari District, has suspended the petitioner, consequent to a registration of a crime, in Crime No.538 of 2004, under Section 309 IPC. Subsequently, it has been altered, under Sections 174 Cr.P.C and 306 IPC. When the petitioner challenged the said order in W.P.(MD)No.3696 of 2008, this Court, having regard to the submission that no disciplinary action was taken and since the petitioner received more than 75% of salary as subsistence allowance, without any work, directed reinstatement of the petitioner in service, however, observed that the order made in W.P.(MD)No.3696 of 2008, dated 12.08.2008 shall not preclude the departmental authorities to take suitable disciplinary action. 2. Material on record further discloses that consequent to the order of this Court, vide proceedings dated 05.11.2008, the District Collector, Kanyakumari District has ordered reinstatement. The prosecution against the petitioner in S.C.No.102 of 2006 has ended in acquittal on 04.08.2010. It is the grievance of the petitioner that despite reinstatement and acquittal from the criminal charges, the period of suspension between 31.01.2005 and 05.11.2008 has not been regulated and that the petitioner has not been paid salary and other attendant benefits. Hence, she made representations dated 11.08.2011 and https://hcservices.ecourts.gov.in/hcservices/ 2 19.09.2011. The petitioner has further contended that though the above representations have been acknowledged, no action has been taken to regulate the period of suspension. Hence, the present Writ Petition is filed for a Mandamus. 3. Heard the learned counsel appearing for the petitioner. 4. Rule 53 of the Fundamental Rules contemplates that when a Government servant is placed under suspension and subsequently, reinstated, the intervening period has to be regulated, as per the provisions. Certainly, the petitioner has got a legal right to demand that the intervening period of suspension should be regulated for the purpose of treating it as duty, backwages and other attendant benefits. 5. It is the submission of the learned counsel for the petitioner that though the petitioner was suspended on 31.01.2005, by the District Collector, Kanyakumari District and even after the directions of this Court, dated 12.08.2008 made in W.P.(MD)No.3696 of 2008, no disciplinary action has been taken against the petitioner. In such circumstances, the petitioner can seek for a Mandamus. However, this Court is not inclined to issue any positive direction to regularise the period of suspension between 31.01.2005 and 05.11.2008 as service, for the reason that it is for the appointing/disciplinary authority to consider as to how the intervening period should be regulated, in terms of the Fundamental Rules. 6. In such view of the matter, there shall be a direction to the District Collector, Kanyakumari District, the first respondent herein, to consider the representations of the petitioner stated supra, if acknowledged and still pending on his file, in terms of Fundamental Rules or any other Government Orders issued from time to time, in the matter of regulating the period of suspension and pass appropriate orders, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. 7. With the above directions, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1. The District Collector, Kanyakumari District, Nagercoil. 2. The Commissioner, Kurunthan Code Panchayat Union, Kanyakumari District. +1 CC to Special Government Pleader (SR.No.34373) Order made in W.P.(MD).No.11231 of 2011 Dated:- 29.09.2011 SML NSV/19.10.11/2P/4C https://hcservices.ecourts.gov.in/hcservices/