Madras High Court
G.Antonysamy vs The District Collector on 2 February, 2021
W.P.(MD) No.1636 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.1636 of 2021
G.Antonysamy ... Petitioner
Vs.
The District Collector,
Ramanathapuram District,
Ramanathapuram. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of writ of Certiorarified mandamus, to call the records
of the respondent i.e., the District Collector, Ramanathapuram in his
impugned proceedings in e.f.tp6/48819/2020 dated 13.01.2021 and
quash the same and consequently direct the respondent to disburse the
Encashment of Leave Salary and Special Provident Fund No.1 & II of the
petitioner within a specified time frame that may be fixed by this Court.
For Petitioner : Mr.S.Visvalingam
For Respondents : Mr.S.Dhayalan,
Government Advocate
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W.P.(MD) No.1636 of 2021
ORDER
The petitioner had earlier worked as Block Development Officer
(Village Panchayat), R.S.Mangalam Panchayat Union, Ramanathapuram
District, who was suspended from service and he was not allowed to
retire from service on the date of his superannuation. Due to that, he was
not paid the encashment of his leave salary and Special Provident Fund.
Therefore, the petitioner has made a representation to the respondent on
22.09.2020 in this regard and the same was rejected on the ground that
the criminal case is pending against him vide impugned order in
e.f.tp6/48819/2020 dated 13.01.2021. Challenging the same, the present
writ petition has been filed.
2.The issue with regard to the disbursement of the encashment of
leave salary and special provident fund has already been settled in
various decision and the judgment of the Division Bench in W.A.No.207
of 2016 dated 26.02.2016 in the case of TANSIDCO vs
P.K.Panchaksharam is one, wherein it was held as follows:-
'2.The writ petitioner, who is the
respondent herein, filed the writ petition, seeking
direction to the appellants herein to disburse his
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W.P.(MD) No.1636 of 2021
retirement benefits, such as gratuity, special
provident fund, encashment of earned leave and
unearned leave on private affairs.
3.The respondent herein working as
Electrician in the Electricity Board was to retire
on attaining the age of superannuation on 30th
June, 2013. However, he was not permitted to do
so on account of pendency of the criminal case
under the provisions of the Prevention of
Corruption Act, 1988.
4.The learned Single Judge, considering
all aspects of the matter, held that the petitioner
was having earned leave and unearned leave on
private affairs before initiation of the case and as
such, he is entitled to encashment of earned leave
and unearned leave on private affairs. The claim
of gratuity was given up by the employee / writ
petitioner on the ground that in the event of
conviction and dismissal of service, the writ
petitioner may not be entitled to get gratuity. The
special provident fund was also not granted as
the writ petitioner failed to establish any
contribution made by him. While disposing of the
writ petition, a direction was made to the
appellants herein to disburse encashment of
earned leave and encashment of unearned leave
on private affairs. In respect of special provident
fund, it was held that if any contribution was
made by the writ petitioner, the same can be paid
to the petitioner.
5.We do not find any error, illegality or
infirmity in the order sought to be impugned in
this writ appeal preferred by the Tamil Nadu
Generation and Electricity Distribution
Corporation Ltd., warranting interference. Thus,
the writ appeal stands dismissed. No costs.
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W.P.(MD) No.1636 of 2021
Consequently connected miscellaneous petition
stands closed.'
3.The aforesaid observations made in the decision are self
explanatory. In view of these observations, it can be held that the earned
leave salary and the petitioner's contribution towards Special Provident
Fund would be deemed to be the petitioner's property, which he would
be entitled to receive the same.
4. For all the forgoing reasons, the impugned order in
e.f.tp6/48819/2020 dated 13.01.2021 is set aside. Consequently, the
petitioner is granted liberty to make a fresh representation, enclosing the
copy of this order, seeking to disburse the Encashment of Leave Salary
and Special Provident Fund and on receipt of the such representation, the
respondent herein shall positively disburse the Encashment of Leave
Salary and Special Provident Fund and ensure that such disbursement is
made at least within a period of eight weeks from the date of receipt of
fresh representation along with this copy of this order.
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W.P.(MD) No.1636 of 2021
5.With the above directions, this Writ Petition stands allowed.
No costs.
02.02.2021
Index : Yes / No
Internet : Yes / No
cp
To:-
The District Collector,
Ramanathapuram District,
Ramanathapuram.
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W.P.(MD) No.1636 of 2021
M.S.RAMESH, J.
cp
W.P.(MD) No.1636 of 2021
02.02.2021
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