Madras High Court
R.Mahendran vs The Joint Commissioner (State ... on 30 June, 2021
W.P(MD)No.10810 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.10810 of 2021
R.Mahendran ... Petitioner
vs.
1.The Joint Commissioner (State Tax)
(intelligence)
O/o. The Joint Commissioner (State Tax)
Intelligence, CT Complex,
Dr.Thangaraj Road,
Thallakulam, Madurai District – 625 020.
2.The Pay and Accounts Officer,
Pay and Accounts Office,
TPK Road, Periyar, Madurai Main,
Madurai District – 625 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, call for the
records pertaining to the impugned order in Na.Ka.No.A4/2671/2019,
dated 15.06.2021 on the file of the respondent No.1 and quash the same
as illegal and consequently to direct the respondents to provide
encashment of earned leave, unearned leave on private affairs and special
provident fund with interest to the petitioner within the time stipulated by
this Court.
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W.P(MD)No.10810 of 2021
For Petitioner : Mr.S.Louis
For Respondents : Mr.P.Subbaraj,
Government Advocate.
ORDER
The petitioner has come up with the Writ Petition to quash the
impugned order in Na.Ka.No.A4/2671/2019, dated 15.06.202,1 on the
file of the respondent No.1, as illegal and consequently, direct the
respondents to provide encashment of earned leave, unearned leave on
private affairs and special provident fund with interest to the petitioner
within the time stipulated by this Court.
2. According to the petitioner, lastly, he was served as Assistant
Commissioner/Personal Assistant to Joint Commissioner at the office of
the Joint Commissioner (Intelligence), Madurai and his superannuation
date was 29.02.2020. However, he was not allowed to retire from service
and he was placed under suspension. Due to financial constraints in his
family, he requested for payment of earned leave and other monetary
benefits. The proposal was also forwarded to the second respondent.
However, the first respondent, by the impugned order dated 15.06.2021,
rejected the request of the petitioner, informing that the proposal for
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W.P(MD)No.10810 of 2021
payment of earned leave was returned by the second respondent, on the
ground that charges are pending against him. Hence, the petitioner has
come up with the present Writ Petition for the relief stated supra.
3. Heard the learned counsel appearing for the petitioner, learned
Government Advocate appearing for the respondents and perused the
materials available on record.
4. Insofar as getting the benefits of encashment of Leave Salary
and Provident Fund is concerned, number of judgments have been passed
by this Court and the learned counsel has relied upon the order of this
Court made in W.P.(MD)No.4975 of 2018 dated 08.03.2018
[T.S.Sooriyanarayanamoorthy Vs. The District Collector, Madurai and
others], wherein a learned Judge of this Court has held as follows:
“5.This Court has held on more than one occasion, these
benefits could not be denied to the person, even if he is ultimately
dismissed from service. Hence, a direction is issued to the first
respondent to consider the petitioner's representation dated
05.02.2018 regarding the disbursement of general provident fund,
special provident fund and earned leave encashment and pass
appropriate orders within a period of eight weeks from the date of
receipt of a copy of this order.”
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W.P(MD)No.10810 of 2021
5. Following the said order, this Court has considered a similar
issue in W.P.(MD)No.7174 of 2018 [S.Rosalin Malini Vs. The District
Revenue Officer, Trichy and others] and passed an order dated
03.04.2018. The relevant portion of the said order would run thus:
“8.The respondents shall consider the request of the
petitioner dated 07.01.2018 with regard to the sanction and
disbursement of General Provident Fund, Special Provident
Fund as well as the Encashment of Earned Leave of the
petitioner and pass orders thereon, on merits and in
accordance with law, especially, in the light of the aforesaid
judgments cited herein, within a period of 6 weeks from the
date of receipt of a copy of this order.”
6. In view of the above, the order of first respondent, dated
15.06.2021, is set aside and this Writ Petition is allowed. The
respondents are to disburse encashment of earned leave, unearned leave
on private affairs and special provident fund with interest to the
petitioner within a period of six weeks from the date of receipt of a copy
of this order. No costs.
30.06.2021
Index : Yes / No
Internet : Yes / No
vsm
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W.P(MD)No.10810 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 Joint Commissioner (State Tax)
(intelligence)
O/o. The Joint Commissioner (State Tax)
Intelligence, CT Complex,
Dr.Thangaraj Road,
Thallakulam, Madurai District – 625 020.
2.The Pay and Accounts Officer,
Pay and Accounts Office,
TPK Road, Periyar, Madurai Main,
Madurai District – 625 001.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.10810 of 2021
V.M.VELUMANI,J.
vsm
W.P(MD)No.10810 of 2021
30.06.2021
https://www.mhc.tn.gov.in/judis/
