Citation : 2021 Latest Caselaw 9970 Mad
Judgement Date : 19 April, 2021
W.P.No.8641 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.No.8641 of 2021
S.Ravanan ... Petitioner
Vs.
The District Collector,
Villupuram District,
Villupuram. ... Respondent
Prayer: Writ petition filed under Article 226 of Constitution of India praying
to issue a writ of mandamus, directing the first respondent to consider and pass
orders on the Review Petition dated 17.03.2021 preferred by the petitioner
against the order of dismissal from service dated 21.12.2020 passed by the
second respondent and to forthwith disburse the amounts accruing out of
encashment of surrender of earned leave and unearned leave on private affairs
and special Provident Fund contributions.
For Petitioner : Mr.M.Ravi
For Respondent : Mr.R.Govindasamy
Special Government Pleader
https://www.mhc.tn.gov.in/judis/
1/4
W.P.No.8641 of 2021
ORDER
The petitioner was dismissed from service on 21.12.2020. Against
the order of dismissal from service as well as against the non settlement of
encashment of earned leave and unearned leave and Special Provident Fund, he
preferred a Review Petition to the respondent herein on 17.03.2021. The said
Review Petition is pending without disposal and hence, he preferred the above
writ petition.
2. Mr.R.Govindasamy, learned Special Government Pleader for
respondent would submit that the Review Petition filed by the petitioner
reached the office of the respondent only on 24.03.2021 and it will be
considered in due course.
3. The Review Petition against the order of dismissal is an
independent issue on the basis of the decision on the Review Petition, the other
consequential orders can be passed.
https://www.mhc.tn.gov.in/judis/
W.P.No.8641 of 2021
4. The learned counsel for the petitioner would restrict his prayer
only in respect of disposal of the Review Petition against the order of dismissal
and he would seek permission to claim the relief against the non-settlement of
encashment benefits and Special Provident Fund independently. He would also
pray that he may be given permission to raise additional grounds and to file
additional documents and judgments in support of the Review Petition.
5. Considering the submissions as well as the facts and
circumstances of the case, the petitioner is permitted to raise additional grounds
and to submit additional documents along with judgments within a period of
one week from the date of receipt of a copy of this order. On such additional
grounds and additional documents being filed, the respondent is directed to
consider the Review Petition on merits and in accordance with law and to
dispose of the same within a period of twelve weeks from the date of receipt of
a copy of this order.
6. The writ petition is disposed of accordingly. No costs.
https://www.mhc.tn.gov.in/judis/
W.P.No.8641 of 2021
M. GOVINDARAJ, J.
Pns
7. It is open to the petitioner to agitate his claim for encashment of
earned leave and unearned leave and Special Provident Fund independently.
19.04.2021
Pns
Index:Yes/No Internet:Yes/No Speaking Order/Non Speaking Order
To The District Collector, Villupuram District, Villupuram.
W.P.No.8641 of 2021
https://www.mhc.tn.gov.in/judis/
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