Madras High Court
)The District Collector vs S.Karunanithi on 9 November, 2021
W.A(MD)No.1997 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2021
CORAM :
THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN
W.A(MD)No.1997 of 2021
and
CMP(MD)No.9183 of 2021
1)The District Collector,
Trichirappalli District,
Tiruchirappalli.
2)The Revenue Divisional Officer,
Lalgudi,
Trichy. ... Appellants
vs.
S.Karunanithi ... Respondent
Appeal filed under Clause 15 of Letters Patent, against the order
dated 16.03.2021 in W.P(MD)No.5781 of 2021.
For Appellants : Mr.P.Subbaraj, Government Advocate
1/4
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1997 of 2021
JUDGMENT
(Judgment of the Court was made by
PUSHPA SATHYANARAYANA, J.)
The appeal is filed by the State, against the Mandamus issued by this
Court, directing the authorities to sanction and disburse the special
provident fund and the leave salary encashment of the petitioner upon
making a fresh representation to the authorities.
2.The claim of the writ petitioner was only to the special provident
fund and the leave salary encashment. Time and again, it has been held that
these two amounts are earned by the employee and he is entitled for the
same. At the most, the writ petitioner may not be entitled only for the claim
of gratuity and other benefits. Time and again, this Court has been holding
that the abovesaid special provident fund and leave salary encashment
cannot be withheld for any reason. Therefore, the learned single Judge has
also rightly granted the relief by giving a direction to the writ petitioner to
make a fresh representation and upon such representation, the
respondents/appellants herein were directed to disburse the encashment of
leave salary and special provident fund within a period of eight weeks.
There is no other ground made out for setting aside the abovesaid order.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1997 of 2021
Hence, we are also of the opinion that the order of the learned single Judge
has to be confirmed and accordingly, this Writ Appeal is dismissed. Though
the period of eight weeks granted by the learned single Judge is already
over, it is not known whether such direction has been complied with. If the
direction is not complied with, the appellants are directed to comply with
the same within a period of four weeks and report compliance.
Consequently, CMP(MD)No.9183 of 2021 is closed.
3.Post on 14.12.2021 for reporting compliance.
[P.S.N.,J.] & [P.V.,J.]
09.11.2021
Index : Yes / No
Internet : Yes / No
bala
To
1)The District Collector,
Trichirappalli District,
Tiruchirappalli.
2)The Revenue Divisional Officer,
Lalgudi,
Trichy.
https://www.mhc.tn.gov.in/judis/
W.A(MD)No.1997 of 2021
PUSHPA SATHYANARAYANA, J.
and
P.VELMURUGAN, J.
bala
JUDGMENT MADE IN
W.A(MD)No.1997 of 2021
DATED : 09.11.2021
https://www.mhc.tn.gov.in/judis/
