W.P.No.21941 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2022
CORAM
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No. 21941 of 2022
and WMP.No. 20965 of 2022
R.Visvanathan ..Petitioner
1. The Joint Registrar of Cooperative Societies/
Common Cadre Authority,
Vellore Region, Collectorate,
Vellore,Vellore District.
2.The President,
Thakkolam Primary Agricultural
Cooperative Credit Society,
Thakkolam, Arakkonam Taluk,
Ranipet District. ..Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to disburse
the General provident Fund Special Provident Fund Encashement of
Earned Leave and Encashment of Un- Earned Leave on private affairs to the
petitioner.
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https://www.mhc.tn.gov.in/judis
W.P.No.21941 of 2022
For Petitioner : Mr. C.Prakasam
For Respondents : Mr. C.Selvaraj,AGP- R1
Mr. C.Jayaprakash - R2
ORDER
The prayer sought for by the petitioner in the writ petition is to direct the respondents to disburse the General provident Fund, Special Provident Fund Encashement of Earned Leave and Encashment of UnEarned Leave on private affairs to the petitioner.
2. The learned counsel for the petitioner submitted that the petitioner was appointed as Salesman in the 2nd respondent Society in the year 1984 and subsequently promoted as Secretary in the year 1990. While in service, the 2nd respondent has suspended the petitoenr from service by proceedings dated 25.01.2019 and subsequently issued charge memo on 16.04.2019. The learned counsel for the petitioner has further submitted that pending disciplinary proceedings, the 1st respondent issued proceedings on the date of his superannuation in Na.Ka.No. 8702/2018/B1, dated 31.01.2020 not permitting the petitioner to retire from service on superannuation. The petitioner has made representation dated 01.10.2021 to the 1 st respondent 2/6 https://www.mhc.tn.gov.in/judis W.P.No.21941 of 2022 requesting to disburse the retirement benefits viz., General provident Fund Special Provident Fund Encashement of Earned Leave and Encashment of Un- Earned Leave on private affairs. But the said representation is still pending without any action, hence the present writ petition.
3. The learned counsel has placed reliance of the order of this Court made in W.P.No. 3945 of 2020 dated 15.02.2022 and submitted that the similar order may be passed in the present writ petition.
4. In the aforesaid writ petition relied by the learned counsel for the petitioner, this Court has issued directions to the respondent by relying upon the judgment of the Hon'ble Division Bench of this Court in W.A.No. 269 of 2020 dated 15.09.2021 following the decision of the Hon'ble Apex Court in the case of Steel Authority of India Vs.Raghbendhra Singh and Others reported in (MANU/SCOR/46090/2020) and in the case of Chairman- cum-Managing Director, Mahanadi Coalfields Limited Vs.Rabindranath Choubey, reported in AIR 2020 SC 2978, which observed as follows; 3/6 https://www.mhc.tn.gov.in/judis W.P.No.21941 of 2022 ......... the employer has a right to withhold gratuity during pendency of the disciplinary proceedings and that the gratuity amount can be adjusted to recover the amount.
8. If the order of the learned Single Judge is tested in line with the aforesaid decisions of the Supreme Court, a portion of the order of the learned Single Judge, insofar as it grants gratuity and other pensionary beneifts, is liable to be interfered with and the order needs slight modification. Accordingly, the order of the learned Single Judge in respect of pension and gratuity alone is set aside. The rest of the orders remains unaltered”.
5. In view of the aforesaid decision of this Court, the respondent- Society may not have any serious objections to disburse the retirement benefits viz., SPF, encashment of E.L and encashment of Un-Earned Leave on private affairs to the petitioner.
6. Considering the facts and circumstances of the case and in the light 4/6 https://www.mhc.tn.gov.in/judis W.P.No.21941 of 2022 of the decisions cited supra, this Court is of the view that the writ petitioner is entitled for the retirement benefits viz., SPF, encashment of E.L and encashment of Un-Earned Leave on private affairs.
7. Accordingly, the 1st respondent is directed to consider the petitioner's representation dated 01.10.2021 and pass orders disbursing the retirement benefits viz., SPF, encashment of E.L and encashment of Un- Earned Leave on private affairs in the light the decisions of the Hon'ble Apex Court and the Hon'ble Division Bench of this Court cited supra, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
8. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
09.09.2022 Index : Yes/No Internet : Yes ak D.KRISHNAKUMAR,J.
ak 5/6 https://www.mhc.tn.gov.in/judis W.P.No.21941 of 2022 To
1. The Joint Registrar of Cooperative Societies/ Common Cadre Authority, Vellore Region, Collectorate, Vellore,Vellore District.
2.The President, Thakkolam Primary Agricultural Cooperative Credit Society, Thakkolam, Arakkonam Taluk, Ranipet District.
W.P.No.21941 of 2022 and WMP.No. 20965 of 2022 09.09.2022 6/6 https://www.mhc.tn.gov.in/judis