High Court · 2025

W.P.No.30985 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 18.08.2025CORAMTHE HONOURABLE Ms. JUSTICE P.T. ASHAW.P.No.30985 of 2025T.C.Vinodha... PetitionerVs.1.The Child Development Project Officer Pallippattu – 631 207 Thiruvallur District.2.The Director of Government Examinations Chennai – 600 006. ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings of the first respondent in Proceedings No.Na.Ka.No.48/2025 dated 07.05.2025 and quash the same and direct the first respondent to pay the annual increments due to the petitioner from 01.01.2001 onwards with interest with all consequential and attendant benefits.1/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025For Petitioner : Mr.P.MohanrajFor Respondents : Mr.V.Jeevagiridharan Additional Government Pleader for R1&R2ORDERThe petitioner seeks to quash the order passed by the first respondent dated 07.05.2025, in Na.Ka.No.48/2025 and consequently direct the first respondent to pay the annual increments to her from 01.01.2001 onwards with interest and consequential attendant benefits. 2. The brief facts that has given rise to this writ petition are as follows:a)The petitioner was working as Anganwadi Worker at Sorakkapettai-II Centre, Integrated Child Development Scheme at Pallipattu Block, Thiruvallur District. Her date of appointment was on 24.02.1993.b)In the year 2000, a complaint was lodged against her before the Pallipattu Police Station, alleging that she had submitted a bogus SSLC certificate and secured employment. She was arrested and released on bail. In view of her arrest, she was placed under 2/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025suspension on 25.05.2000. c) The petitioner thereafter challenged the suspension order by filing O.A.No.4386 of 2000 before the Tamil Nadu Administrative Tribunal. The suspension order was stayed by an order dated 29.06.2000, and in compliance with the stay order, she was restored to duty on 14.07.2000. Ultimately, by an order dated 29.04.2000, the Tribunal had closed the original application filed by the petitioner along with a batch of applications, by observing that the petitioners therein (including the petitioner) were already reinstated and there is not need to place them under suspension once again. The Tribunal had also directed that the disciplinary proceedings / criminal proceedings initiated against the petitioner should be disposed of at the earliest. d)Accordingly, the criminal case registered against the petitioner was also dropped, and the Sub Inspector of Police, Pallipattu Police Station had filed the Action Dropped Report before the learned Judicial Magistrate, Tiruttani, which was taken on file and subsequently, the FIR was closed. Therefore, there was no criminal case pending against the petitioner.3/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025e)On 31.03.2003, the first respondent had issued a charge memo under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, to the petitioner, to which, the petitioner had submitted her explanation. Following which, no action / disciplinary action was pursued against the petitioner.f) The petitioner would submit that though she was restored to duty after the revocation of suspension on 14.07.2000, the annual increment due to her from 01.01.2001 onwards have not been granted to her for the past 25 years and that the petitioner was continuing in service without being allowed the annual increments. g)The petitioner has been knocking at the doors of the various authorities, claiming the annual increments due to herh)The petitioner had also obtained a Police Verification certificate from the Tamil Nadu Police, certifying that the petitioner was not involved in any criminal case as per the records available, and the same was forwarded to the first respondent. Despite the fact that no criminal case is pending against her, she had been denied the annual increments since 01.01.2001, and no orders have been passed to date by the first respondent against her request for payment of annual 4/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025increments.i)Meanwhile, the first respondent had sent a communication to the Secretary, State School Examinations Corporation on 07.05.2025, asking the authority to furnish information as to whether any criminal case is pending against the petitioner, to enable him to pay annual increments and arrears of salary. The first respondent had also enclosed the Police Report along with the correspondence dated 07.05.2025. According to the petitioner, there is no post as Secretary State School Examinations Corporation and it is only the Director of Government Examinations , the second herein, who is the authority concerned.Challenging the above impugned order, the petitioner is before this Court.3. The petitioner would contend that though she had submitted the Police Verification Report to the first respondent as early as on 18.03.2024, certifying that she was not found involved in any criminal case, the first respondent vide impugned proceedings dated 07.05.2023, had required the Secretary, State School Examinations Corporation, to furnish the details whether any criminal case is pending against her. There is no official having 5/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025the designation Secretary, State School Examinations Corporation. Such a proceedings is therefore arbitrary, unfair and is liable to be dismissed. 4. Heard the learned counsel appearing for the petitioner and Mr.V.Jeevagiridharan, learned Additional Government Pleader, who takes notice for respondents 1 and 2.5. This Court had perused the records and in the typed set of papers filed along with the writ petition, the xerox copy of the letter submitted by the Sub-Inspector of Police, D5, Pallipet Police Station to the Judicial Magistrate, Thiruthani, requesting dropping of further action and to close the FIR, and accordingly, the Magistrate Court, Thiruttani, on 22.08.2002, had closed the FIR in PS.Cr.No.154/2000, are found enclosed. However, these documents are not the certified copies. The only impediment in granting increment to the petitioner was the pendency of this criminal proceedings. Since the above documents would reveal that the criminal proceedings pending against the petitioner are closed, the respondents are bound to pay the annual increments due to the petitioner from 01.01.2001 with interest and consequential attendant benefits. 6/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 20256. Therefore, the writ petition is allowed with the following directions :i.The petitioner is directed to furnish certified copy of the order passed by the Judicial Magistrate Thirutani, dropping further proceedings in the FIR in P.S.Cr.No.154/2000 of the file of Pallipet Police Station, within a period of two weeks from the date of receipt of this order; and ii.On receipt of the certified copy of the above order, the first respondent shall proceed to process the request / representations of the petitioner, within a period of one month therefrom.No costs.18.08.2025 Index : Yes / NoNeutral Citation : Yes / Nods7/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025To:1.The Child Development Project Officer Pallippattu – 631 207 Thiruvallur District.2.The Director of Government Examinations Chennai – 600 006.8/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025P.T. ASHA, J, dsW.P.No.30985 of 202518.08.20259/9

W.P.No.30985 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 18.08.2025CORAMTHE HONOURABLE Ms. JUSTICE P.T. ASHAW.P.No.30985 of 2025T.C.Vinodha... PetitionerVs.1.The Child Development Project Officer Pallippattu – 631 207 Thiruvallur District.2.The Director of Government Examinations Chennai – 600 006. ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings of the first respondent in Proceedings No.Na.Ka.No.48/2025 dated 07.05.2025 and quash the same and direct the first respondent to pay the annual increments due to the petitioner from 01.01.2001 onwards with interest with all consequential and attendant benefits.1/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025For Petitioner : Mr.P.MohanrajFor Respondents : Mr.V.Jeevagiridharan Additional Government Pleader for R1&R2ORDERThe petitioner seeks to quash the order passed by the first respondent dated 07.05.2025, in Na.Ka.No.48/2025 and consequently direct the first respondent to pay the annual increments to her from 01.01.2001 onwards with interest and consequential attendant benefits. 2. The brief facts that has given rise to this writ petition are as follows:a)The petitioner was working as Anganwadi Worker at Sorakkapettai-II Centre, Integrated Child Development Scheme at Pallipattu Block, Thiruvallur District. Her date of appointment was on 24.02.1993.b)In the year 2000, a complaint was lodged against her before the Pallipattu Police Station, alleging that she had submitted a bogus SSLC certificate and secured employment. She was arrested and released on bail. In view of her arrest, she was placed under 2/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025suspension on 25.05.2000. c) The petitioner thereafter challenged the suspension order by filing O.A.No.4386 of 2000 before the Tamil Nadu Administrative Tribunal. The suspension order was stayed by an order dated 29.06.2000, and in compliance with the stay order, she was restored to duty on 14.07.2000. Ultimately, by an order dated 29.04.2000, the Tribunal had closed the original application filed by the petitioner along with a batch of applications, by observing that the petitioners therein (including the petitioner) were already reinstated and there is not need to place them under suspension once again. The Tribunal had also directed that the disciplinary proceedings / criminal proceedings initiated against the petitioner should be disposed of at the earliest. d)Accordingly, the criminal case registered against the petitioner was also dropped, and the Sub Inspector of Police, Pallipattu Police Station had filed the Action Dropped Report before the learned Judicial Magistrate, Tiruttani, which was taken on file and subsequently, the FIR was closed. Therefore, there was no criminal case pending against the petitioner.3/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025e)On 31.03.2003, the first respondent had issued a charge memo under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, to the petitioner, to which, the petitioner had submitted her explanation. Following which, no action / disciplinary action was pursued against the petitioner.f) The petitioner would submit that though she was restored to duty after the revocation of suspension on 14.07.2000, the annual increment due to her from 01.01.2001 onwards have not been granted to her for the past 25 years and that the petitioner was continuing in service without being allowed the annual increments. g)The petitioner has been knocking at the doors of the various authorities, claiming the annual increments due to herh)The petitioner had also obtained a Police Verification certificate from the Tamil Nadu Police, certifying that the petitioner was not involved in any criminal case as per the records available, and the same was forwarded to the first respondent. Despite the fact that no criminal case is pending against her, she had been denied the annual increments since 01.01.2001, and no orders have been passed to date by the first respondent against her request for payment of annual 4/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025increments.i)Meanwhile, the first respondent had sent a communication to the Secretary, State School Examinations Corporation on 07.05.2025, asking the authority to furnish information as to whether any criminal case is pending against the petitioner, to enable him to pay annual increments and arrears of salary. The first respondent had also enclosed the Police Report along with the correspondence dated 07.05.2025. According to the petitioner, there is no post as Secretary State School Examinations Corporation and it is only the Director of Government Examinations , the second herein, who is the authority concerned.Challenging the above impugned order, the petitioner is before this Court.3. The petitioner would contend that though she had submitted the Police Verification Report to the first respondent as early as on 18.03.2024, certifying that she was not found involved in any criminal case, the first respondent vide impugned proceedings dated 07.05.2023, had required the Secretary, State School Examinations Corporation, to furnish the details whether any criminal case is pending against her. There is no official having 5/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025the designation Secretary, State School Examinations Corporation. Such a proceedings is therefore arbitrary, unfair and is liable to be dismissed. 4. Heard the learned counsel appearing for the petitioner and Mr.V.Jeevagiridharan, learned Additional Government Pleader, who takes notice for respondents 1 and 2.5. This Court had perused the records and in the typed set of papers filed along with the writ petition, the xerox copy of the letter submitted by the Sub-Inspector of Police, D5, Pallipet Police Station to the Judicial Magistrate, Thiruthani, requesting dropping of further action and to close the FIR, and accordingly, the Magistrate Court, Thiruttani, on 22.08.2002, had closed the FIR in PS.Cr.No.154/2000, are found enclosed. However, these documents are not the certified copies. The only impediment in granting increment to the petitioner was the pendency of this criminal proceedings. Since the above documents would reveal that the criminal proceedings pending against the petitioner are closed, the respondents are bound to pay the annual increments due to the petitioner from 01.01.2001 with interest and consequential attendant benefits. 6/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 20256. Therefore, the writ petition is allowed with the following directions :i.The petitioner is directed to furnish certified copy of the order passed by the Judicial Magistrate Thirutani, dropping further proceedings in the FIR in P.S.Cr.No.154/2000 of the file of Pallipet Police Station, within a period of two weeks from the date of receipt of this order; and ii.On receipt of the certified copy of the above order, the first respondent shall proceed to process the request / representations of the petitioner, within a period of one month therefrom.No costs.18.08.2025 Index : Yes / NoNeutral Citation : Yes / Nods7/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025To:1.The Child Development Project Officer Pallippattu – 631 207 Thiruvallur District.2.The Director of Government Examinations Chennai – 600 006.8/9 https://www.mhc.tn.gov.in/judis W.P.No.30985 of 2025P.T. ASHA, J, dsW.P.No.30985 of 202518.08.20259/9