High Court · 2025

W.P. No.2511 of 2024W.P. No.2511 of 2024M. DHANDAPANI, J.The matter is listed today under the caption “for being mentioned” at the instance of the Registry. 2. It is brought to the notice of this Court that date in the CORAM portion as well as the date mentioned below the signature of the Hon’ble Judge has been wrongly mentioned as 06.01.2026 instead of 04.12.2025 and, therefore, prays that the said typographical error may kindly be corrected. 3. Upon perusing the order, this Court finds that there is error in the date as pointed out by the Registry. Accordingly, the date in CORAM portion and date mentioned below the signature of the Hon’ble Judge shall stand corrected as 04.12.2025 instead of 06.01.2026. Registry is directed to carry out the said correction and issue fresh order copy to the parties. 10.03.2026vsi21/10 https://www.mhc.tn.gov.in/judis W.P. No.2511 of 2024M.DHANDAPANI, J.vsi2W.P. No.2511 of 202410.03.20262/10 https://www.mhc.tn.gov.in/judis W.P. No.2511 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 06.01.2026CORAM:THE HON'BLE MR. JUSTICE M. DHANDAPANIW.P. No.2511 of 2024K.Raja,PetitionerVs1. The Chairman Cum Managing Director,Tamil Nadu Transmission Corporation Ltd., 6th Floor, No. 144, Anna Salai, Chennai - 22.2.The Superintending Engineer,Kovai Electricity Distribution Circle/North, Tamil Nadu Electricity Generation and Distribution Corp., Coimbatore.3. The State Level Scrutiny CommitteeRep by its ChairmanAdi Dravida & Tribal Welfare Department,Fort St. George,Chennai – 600 009. Respondents* Suo motu impleaded as 3rd respondent vide order of even datePrayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus call the records of 2nd respondent in Memo. No.1854/761/ADM.2(3)/F.WP.18774/14/D.No.2052 /2023-2, Dated 21.12.2023 and direct the 2nd respondent to disburse Petitioner’s 3/10 https://www.mhc.tn.gov.in/judis W.P. No.2511 of 2024Terminal benefits, release of full pension along with 50 percentage pension withheld till the date of release of full pension, other retirement benefits such as encashment of Security Fund Balance, EL Encashment with 6% interest.For petitioner : Mr. T. GowthamanSenior Counsel for Mr.R. SwarnavelFor respondents : Mr.C. RamkumarORDERThis writ petition has been filed to call for the records of the 2nd respondent in Memo. No.1854/761/ADM.2(3)/F.WP.18774/14/D.No.2052 /2023-2, dated 21.12.2023 and direct the 2nd respondent to disburse Petitioner’s Terminal benefits, release of full pension along with 50% pension withheld till the date of release of full pension, other retirement benefits such as encashment of Security Fund Balance, EL Encashment with 6% interest.2. In view of the fact that the issue involved in this writ petition relates to the genuineness of the “Konda Reddy” community certificate, the Scheduled Tribe Community Certificate, this Court is of the opinion that the “Chairman, State Level Scrutiny Committee, Chennai”, has to be impleaded as party respondent to the present writ petition. Accordingly, the same is impleaded as 3rd respondent in this petition. 4/10 https://www.mhc.tn.gov.in/judis W.P. No.2511 of 20243. Facts in brief :- a. The Petitioner belongs to the “Konda Reddy” community, which is classified as a Scheduled Tribe. With a view to uplift the members of the down-trodden tribal community, the Government issued Community Certificates during the relevant period. Accordingly, the Tahsildar, Mettur Dam, issued a Community Certificate to the Petitioner on 12.09.1978. It is further stated that for better livelihood, the Petitioner’s family later migrated from Mettur Dam area to Dharmapuri District. While residing at Dharmapuri, the Petitioner received a call letter from the Respondent Department on 07.01.1980 calling upon him to appear for employment along with original certificates. As he was then residing in Dharmapuri, he was directed to obtain a Community Certificate from the Tahsildar, Dharmapuri, which was also duly obtained and submitted. b. It is further averred that after verification of certificates, he was appointed as an Assessor on contract basis on 14.01.1980. His contractual service was extended, and he was transferred to Coonoor Division (Aravoi -Tribal Area) on 25.05.1982. After rendering long years of service, his appointment was regularised on 27.05.1988, and he continued in service without any blemish. While so, due to personal animosity, the then Head of the Department suo motu initiated an enquiry in the year 2001, nearly two decades 5/10 https://www.mhc.tn.gov.in/judis W.P. No.2511 of 2024after his initial appointment, regarding the genuineness of the Community Certificate. Based on a report dated 28.03.2001 of the Tahsildar, Mettur Dam obtained without notice to the petitioner or enquiry with his relatives, wherein it was alleged that the petitioner did not belong to “Konda Reddy” community.c. Relying upon the said report, the 2nd respondent issued a Charge Memo dated 21.06.2001. Challenging the same, earlier, he approached this Court by filing appropriate petition. Pursuant to the above, this Court vide judgment dated 19.04.2004 in W.A. No.1790 of 2002, directed the respondent therein to place the matter before the State Level Scrutiny Committee in accordance with law. However, despite repeated directions, the respondents failed to properly initiate the verification process and instead insisted that the petitioner himself should secure a report, which was practically impossible.d. In the meanwhile, the petitioner reached the age of superannuation i.e., 30.06.2014. Shockingly, two days prior to retirement, i.e., on 28.06.2014, he was placed under suspension on the ground that the community verification was pending. It is his grievance that the suspension was challenged by him by filing Writ Petition viz., W.P. No.18774 of 2014, and subsequently, this Court, by order dated 02.11.2020, issued directions, permitting the petitioner to retire with liberty to work out his remedies in the manner known to law.6/10 https://www.mhc.tn.gov.in/judis W.P. No.2511 of 2024e. It is the further case that even thereafter, the terminal benefits were not settled. The petitioner again approached this Court in W.P. No.24706 of 2023, wherein this Court directed the respondents to consider the petitioner’s representation. However, the 2nd respondent rejected the claim on the sole ground that the enquiry before the State Level Committee was pending, vide order dated 21.12.2023, which is impugned herein. Challenging the said order dated 21.12.2023, this writ petition has been filed.4. Learned counsel for the petitioner submitted that the entire action of the respondents is arbitrary, malafide, and vitiated by inordinate delay. The verification process was initiated after nearly 20 years of service, only due to personal animosity. He argued that even after directions of this Court, the respondents deliberately failed to move the State Level Scrutiny Committee and unjustly shifted the burden on the petitioner. He further contended that placing the petitioner under suspension two days before retirement and withholding terminal benefits for more than a decade is highly illegal and impermissible. Therefore, he sought a direction to disburse the terminal benefits or, in the alternative, to expedite the scrutiny proceedings and release benefits thereafter.5. Learned counsel appearing for the respondents submitted that since the community verification is pending before the State Level Scrutiny Committee, the petitioner is not entitled to terminal benefits as of now. Further, he submitted 7/10 https://www.mhc.tn.gov.in/judis W.P. No.2511 of 2024that the release of benefits would depend upon the outcome of the scrutiny proceedings. However, he has no objection for issuance of appropriate directions in the above regard. 6. This Court has carefully considered the submissions and perused the records.7. It is not in dispute that the petitioner was appointed in the year 1980, his services were regularised only in the year 1988, and he retired from service in the year 2014. The verification proceedings were initiated after two decades of service, which by itself casts serious doubt on the bona fides of the respondents. This Court finds that despite repeated judicial directions, the respondents failed to properly initiate and pursue the verification process before the competent committees. Having kept the matter pending for decades, the respondents cannot penalise the petitioner by indefinitely withholding his terminal benefits.8. In view of the above, this Court is inclined to issue the following directions :-a) The petitioner is permitted to appear before the State Level Scrutiny Committee for verification of his community certificate.8/10 https://www.mhc.tn.gov.in/judis W.P. No.2511 of 2024b) The State Level Scrutiny Committee is directed to expedite the scrutiny proceedings and pass appropriate orders within a stipulated time, preferably within two months from the date of receipt of a copy of this order.c) If the State Level Scrutiny Committee holds in favour of the petitioner, the respondents shall disburse all terminal benefits forthwith, with consequential benefits, after due verification.9. With the above observations and directions, the writ petition is disposed of. No costs.06.01.2026Index:Yes/NoSpeaking/Non-speaking orderNeutral Citation : Yes/Novsi29/10 https://www.mhc.tn.gov.in/judis W.P. No.2511 of 2024M. DHANDAPANI, J. vsi2To 1. The Chairman Cum Managing Director,Tamil Nadu Transmission Corporation Ltd., 6th Floor, No. 144, Anna Salai, Chennai - 22.2.The Superintending Engineer,Kovai Electricity Distribution Circle/North, Tamil Nadu Electricity Generation and Distribution Corp., Coimbatore.3. The State Level Scrutiny CommitteeRep by its ChairmanAdi Dravida & Tribal Welfare Department,Fort St. George,Chennai – 600 009. W.P. No.2511 of 202404.12.202510/10