Madras High Court
J.Jeyaseelan David vs The Agricultural Production ... on 22 July, 2021
W.P(MD)No.12357 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.07.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.12357 of 2021
J.Jeyaseelan David ... Petitioner
vs.
1.The Agricultural Production Commissioner
and Principal Secretary to Government,
Agriculture (AA2) Department,
Secretariat, Chennai – 600 009.
2.The Director of Agriculture,
Chepauk,
Chennai – 600 005.
3.The Joint Director of Agriculture,
Collectorate Complex,
Nagercoil – 629 001,
Kanyakumari District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the first respondent ie., the
Agricultural Production Commissioner and Principal Secretary to
Government, Agriculture Department, Chennai, to take immediate action
for disbursement of the Encashment of Leave Salary and Special
Provident Fund to the petitioner.
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.12357 of 2021
For Petitioner : Mr.S.Visvalingam
For Respondents : Mr.P.Subbaraj
Government Advocate
ORDER
The petitioner has filed the present Writ Petition, to direct the first
respondent to take immediate action for disbursement of the
Encashment of Leave Salary and Special Provident Fund to the petitioner.
2.According to the petitioner, he was working as Assistant Director
of Agriculture, Munchirai, Kanyakumari District and his date of
superannuation was on 30.11.2016. He was not allowed to retire from
service and he was placed under suspension, vide order, dated
30.11.2016. Hence, the petitioner was not entitled to get regular
retirement benefits. But, he was entitled to Encashment of Leave Salary
and Special Provident Fund.
3.The learned counsel appearing for the petitioner submitted
that this Court held that Encashment of Leave Salary and Special
Provident Fund are the properties of employees, which cannot be denied
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W.P(MD)No.12357 of 2021
even on the ground of removal or dismissal from service. The learned
counsel appearing for the petitioner relied on the order of this Court,
dated 13.12.2018 made in W.P(MD)No.22823 of 2018 [M.Raveendran vs.
The Joint Registrar of Co-operative Societies, Sivagangai and another]
and prayed for allowing the writ petition.
4.Heard the learned counsel appearing for the petitioner and the
learned Government Advocate appearing for the respondents and
perused the entire materials available on record.
5.In the present writ petition, the petitioner is seeking a direction
to disburse the Encashment of Leave Salary and Special Provident Fund.
The payment of Encashment of Leave Salary and Special Provident Fund
cannot be withheld by the authority, even if the petitioner is suspended
and not permitted to retire from service. This issue was considered by
the Division Bench of the Principal Bench of this Court, dated
26.02.2016, made in W.A.No.207 of 2016 (TANGEDCO, The
Chairman-cum-Managing Director and others Vs.
P.K.Panchaksharam). The Division Bench of this Court upheld the
order of the learned Single Judge that Encashment of Leave Salary and
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W.P(MD)No.12357 of 2021
Special Provident Fund are the properties of the employee and even if he
is dismissed from service, he is entitled to recover the said amount.
6.Considering the submissions made by the learned counsel
appearing on either side, the ratio laid down in the judgment, dated
26.02.2016 made in W.ANo.207 of 2016 is squarely applicable to the
facts of the present case. Therefore, the respondents are directed to
calculate the amounts payable to the petitioner towards Encashment of
Leave Salary and Special Provident Fund and pay the same within a
period of four weeks from the date of receipt of a copy of this order.
7. With the above direction, the Writ Petition is allowed. No costs.
22.07.2021
Index : Yes / No
Internet : Yes / No
ps
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.12357 of 2021
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for official
purposes, but, ensuring that
the copy of the order that is
presented is the correct copy,
shall be the responsibility of the
advocate / litigant concerned.
To
1.The Agricultural Production Commissioner
and Principal Secretary to Government,
Agriculture (AA2) Department,
Secretariat,
Chennai – 600 009.
2.The Director of Agriculture,
Chepauk,
Chennai – 600 005.
3.The Joint Director of Agriculture,
Collectorate Complex,
Nagercoil – 629 001,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.12357 of 2021
V.M.VELUMANI,J.
ps
W.P(MD)No.12357 of 2021
22.07.2021
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