Madras High Court
The State Of Tamil Nadu vs G. Namachivayam on 2 September, 2021
W.A.No. 2167 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
W.A.No. 2167 of 2021 and
C.M.P.No. 13692 of 2021
1. The State of Tamil Nadu
Rep. by the Principal Secretary to Government
Municipal Administration and Water Supply Department
Fort St. George
Chennai -600 009
2. The Commissioner of Municipal Administration
Chepauk, Chennai – 600 005
3. The Commissioner
Vaniyambadi Municipality
Vaniyambadi, Vellore District ... Appellants
Vs.
1. G. Namachivayam
2. The Principal Accountant General (A & E)
Teynampet, Tamil Nadu
Chennai – 600 018 ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.A.No. 2167 of 2021
Prayer : Writ Appeal filed under Clause 15 of the Letters Patent, against the
order, dated 03.09.2018, passed in W.P.No.22249 of 2018.
For Appellant : Mr.K.V.Sanjeevkumar,
Government Advocate
JUDGMENT
(Judgment of the Court was delivered by S. VAIDYANATHAN,J)
The present Writ Appeal is preferred against the order passed by the
learned Single Judge in W.P.No.22249 of 2018, dated 03.09.2018, by which
the respondents were directed to disburse the retirement benefits i.e.,the
amount contributed by the First Respondent towards General Provident
Fund, Special Provident Fund so also, the encashment of Earned leave and
unearned leave on private affairs within a period of eight weeks.
2. The learned counsel appearing for the Appellant submitted that the
learned Single Judge has not accepted the contention of the Second
Respondent Authority and came to the conclusion that pending criminal
case and disciplinary proceedings are not bar for disbursing the contribution
made by the respondent herein.
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W.A.No. 2167 of 2021
3. Heard the learned counsel for the Appellant. Perused the materials
available on record.
4. A perusal of the order passed by the learned Single Judge would go
to show that the learned Single Judge relied upon the decision of this Court
dated 27.07.2015, in W.P.No.21750 of 2017, wherein it was observed that
terminal benefits, such as GPF, SPF, Encashment of Earned and Un-earned
leave are the properties of the petitioner and the same cannot be withheld by
the State and granted the aforesaid relief to the First Respondent.
5. Admittedly, it is not the case of misappropriation of funds of the
employer and it is only the case of Disproportionate of Assets of the First
Respondent and further there is no evidence to show that the First
Respondent has misappropriated funds of the employer to deprive the
benefits. The learned Single Judge has rightly held that the even if the
employee is not allowed to retire during the pendency of the Criminal
prosecution on his attaining the age of Superannuation, the respondents
therein are directed to disburse the retirement benefits i.e., the amount
https://www.mhc.tn.gov.in/judis/
W.A.No. 2167 of 2021
contributed by him towards General Provident Fund, Special Provident
Fund so also, the encashment of Earned leave and unearned leave on private
affairs.
6. In the light of the same, we are of the view that the order passed by
the learned Single Judge does not warrant interference. Hence, this Writ
Appeal is dismissed. No costs. Consequently, connected M.P. is closed.
[S.V.N., J.,] [A.A.N., J]
02.09.2021
Index: Yes/no
Internet: Yes/no
arr
https://www.mhc.tn.gov.in/judis/
W.A.No. 2167 of 2021
To
1. The Principal Secretary to Government
Municipal Administration and Water Supply Department
Fort St. George
Chennai -600 009
2. The Commissioner of Municipal Administration
Chepauk, Chennai – 600 005
3. The Commissioner
Vaniyambadi Municipality
Vaniyambadi, Vellore District
4. The Principal Accountant General (A & E)
Teynampet, Tamil Nadu
Chennai – 600 018
https://www.mhc.tn.gov.in/judis/
W.A.No. 2167 of 2021
S. VAIDYANATHAN,J
and
A.A. NAKKIRAN,J
arr
W.A.No. 2167 of 2021
02.09.2021
https://www.mhc.tn.gov.in/judis/
