Madras High Court
The District Collector vs K. Sundari on 4 October, 2021
W.A.No. 2497 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
W.A.No. 2497 of 2021 and
C.M.P. No.16237 of 2021
The District Collector,
Salem District,
Salem. ...Appellant
Vs.
K. Sundari ....Respondent
Prayer: Writ Appeal filed under Clause 15 of Letter Patent Act, to set aside
the order dated 02.03.2020 passed in W.P.No.767 of 2019.
For Appellant : Mr. K. Tippusultan,
Government Advocate.
1/5
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W.A.No. 2497 of 2021
JUDGMENT
(Judgment of the Court was delivered by S.VAIDYANATHAN,J)
The Writ Appeal is directed against the order dated 02.03.2020
passed in W.P.No.767 of 2019, in directing the Appellant to disburse the
retirement benefits of the Respondent like contribution to the General
Provident Fund as well as to the Special Provident Fund, Encashment of
Earned Leave and Encashment of Un-earned Leave on private Affairs, as per
her entitlement.
2. Mr.K.Tippusultan, learned Government Advocate appearing for the
Appellant submitted that a Criminal case is pending against the
Respondent/Writ Petitioner, on the file of Special Judge, Salem and therefore
she was not permitted to retire from service on the date of superannuation
i.e., on 30.09.2018 and she was again placed under suspension with effect
from 30.09.2018 and retained in service. He further submitted that as per
the instructions of the Government Orders, the retirement benefits like
encashment of Earned Leave and Unearned Leave could not be granted to
the Writ Petitioner and only after the regulations of the period of suspension
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W.A.No. 2497 of 2021
with reference to the finalization of the criminal case, the above benefits
could be given, but the learned Single Judge has directed the Appellant to
disburse the retirement benefits of the Respondent like contribution to the
General Provident Fund as well as to the Special Provident Fund,
Encashment of Earned Leave and Encashment of Un-earned Leave on
private Affairs to the Writ Petitioner, which is unsustainable and therefore
prays to set aside the order of the learned Single Judge.
3. The learned counsel appearing for the Respondent submitted that
neither the criminal proceeding nor the disciplinary action, initiated against
her has attained the finality and the Respondent/Writ Petitioner was
continued to be under suspension.
4. Heard both sides. Perused the records .
5. A perusal of the order passed by the learned Single Judge dated
02.03.2020 made in W.P.No.767 of 2019, shows that the learned Single
Judge, by relying upon the Judgment of the Division Bench of this Court in
W.A.No.207 of 2016 dated 26.02.2016, has granted the relief stated supra.
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W.A.No. 2497 of 2021
Further, this Court in similar circumstances has passed an order on
15.09.2021 in W.A.No.269 of 2020, by setting aside the order of the learned
single Judge in respect of granting of Pension and Gratuity alone and has
not interfered with the grant of other benefits.
6. In view of the same, we are not inclined to interfere with the order
of the learned Single Judge. Further, it is made clear that disbursement of
pension and gratuity is subject to the outcome of the criminal proceedings,
pending against the Writ Petitioner.
7. Hence the present Writ Appeal stands dismissed. No Costs.
Consequently, connected Miscellaneous Petition is closed.
[S.V.N., J.,] [A.A.N., J]
04.10.2021
Index: Yes/no
Internet: Yes/no
arr/shk
S. VAIDYANATHAN,J
https://www.mhc.tn.gov.in/judis
W.A.No. 2497 of 2021
and
A.A. NAKKIRAN, J
arr/shk
W.A.No. 2497 of 2021
04.10.2021
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