Madras High Court
P.Ranganathan … vs The Treasury Officer on 4 January, 2022
W.P. No.18392 of 2020
IN THE HIGH COURT OF JUD9ICATURE AT MADRAS
DATED: 04.01.2022
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
W.P. No.18392 of 2020
and WMP No.22783 of 2020
P.Ranganathan … Petitioner
Vs
The Treasury Officer,
District Treasury,
Collectorate,
Namakkal.
… Respondent
PRAYER : Petition filed under Article 226 of the Constitution of India praying
for the issuance of Writ of Certiorarified Mandamus to call for the records of the
respondent the communication by the Treasury Officer in his proceeding vide
Na.Ka.No.412/2020/A1 dated 26.05.2020 and quash the same and
consequently, direct the respondent to disburse the General Provident Fund,
Special Provident Fund, Encashment of Earned Leave, Unearned Leave on
private affairs, terminal benefits and subsistence allowance/provisional pension
of the petitioner within a specified time frame.
For Petitioner : Ms.K.Sathish Kumar
For Respondent : Mr.L.S.M.Hasan Fizal
Additional Government Pleader
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1/6
W.P. No.18392 of 2020
ORDER
The case of the petitioner is that he was appointed as Junior Assistant on
25.03.1998 and while he was subsequently promoted and working as
Accountant at District Treasury, Namakkal, he was placed under suspension on
04.05.2007 on the ground that he was arrested for the offence under Section 7
and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and a
case was registered in Crime No.2/Ac/2007/SL/SC dated 03.05.2007. Further,
the petitioner was not permitted to retire from service upon reaching the age of
superannuation on 30.06.2010.
2. Since the terminal benefits have not been paid to the petitioner, the
petitioner has approached this Court in W.P.No.16898 of 2010 seeking
provisional pension. This Court, by order dated 02.11.2011 directed the
respondent to pay the provisional pension without prejudice to the criminal
proceedings. However, the respondent while paying 50% of the subsistence
allowance refused to pay the retirement benefits vide order dated 13.12.2010.
Challenging the said order, the petitioner has yet again approached this Court in
W.P.No.26806 of 2014.
3. During the pendency of the aforesaid Writ Petition, the petitioner was
convicted and awarded a sentence of 2 years simple imprisonment with fine of
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W.P. No.18392 of 2020
Rs.1000/-. Thereafter, this Court, vide order dated 19.11.2019 disposed
W.P.No.26806 of 2014 directing the respondents to consider the representation
of the petitioner by affording an opportunity on merits.
4. Challenging the order of conviction, the petitioner has filed an appeal
in Crl.A.No.710 of 2017 on the file of the this Court seeking suspension of
sentence. This Court vide order dated 09.11.2017 suspended the sentence
awarded to the petitioner. Thereafter the petitioner was issued with a show
cause notice dated 09.01.2018, for which the petitioner has submitted his
explanation.
5. The grievance of the petitioner is that the respondent without
considering the explanation submitted and conducting any departmental
proceedings, terminated the petitioner vide order dated 30.01.2018.
Furthermore, it is also his grievance that his request for payment of terminal
benefits was also rejected by the respondent vide order dated 26.05.2020.
Challenging the same, the present Writ Petition has been filed.
6. Both the learned counsel for the petitioner as well as learned
Additional Government Pleader submit that the issue involved in this Writ
Petition with regard to disbursement of terminal benefits to the employee
involved in criminal proceedings is squarely covered by a decision of this Court
dated 05.02.2021 in W.P.No.471 of 2021, wherein a learned single Judge of
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W.P. No.18392 of 2020
this Court following the decisions of the Division Bench of this Court in the
cases of The State of Tamil Nadu and another V. The Engineer-in-Chief
(Buildings) (W.A.No.1285 of 2019 dated 10.04.2019 and The Secretary to
Government and others V. K.Palaniyandi (W.A.(MD) No.105 of 2019 dated
31.07.2019) held that in the absence of any enabling provision in the Statute,
the Government has no authority to withhold the accrued benefits of the
Government servant. The relevant portion of the order of the learned single
Judge reads as follows:
10. From a reading of the above judgments, it is clear that even in a
worst case scenario of dismissal, the benefits of Encashment of Earned
Leave Salary, GPF and SPF, which were deducted from the salary of the
employee, cannot be withheld. The Hon'ble Division Bench has categorically
discussed the clarification mentioned by the learned Special Government
Pleader and it is only in the nature of executive instruction. In the absence of
any enabling provision in the statute, the Government has no authority to
withhold the accrued benefits of the Government servant. Therefore, the
order passed by the first respondent that all the benefits can be given only at
the time of retirement or completion departmental proceedings or judicial
proceedings is not sustainable.
11. Further, Rule 69(1)(b) of the Tamil Nadu Pension Rules, 1978,
specified that no Gratuity shall be paid to the Government servant until the
conclusion of the departmental or judicial proceedings. But the above rule
does not specify withholding of the other benefits, like Encashment of Earned
Leave, GPF and SPF. In such circumstances, the impugned order,
withholding the above benefits is not valid in the eye of law. Therefore, the
petitioner is entitled to the benefit of Encashment of Leave Salary, SPF, GPF,
Unearned Leave on Private Affairs. In so far as non-payment of Gratuity
alone, the order is upheld in view of Rule 69 (1)(b) of the Tamil Nadu
Pension Rules, 1978. The respondents are directed to disburse all the
benefits viz., Encashment of Leave Salary, SPF, GPF, Unearned Leave on
Private Affairs, within a period of six weeks from the date of receipt of a
copy of this order, with interest at the rate of 6% per annum. This Writ
Petition is partly allowed. No costs.
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W.P. No.18392 of 2020
7. Following the aforesaid decision of this Court, the respondent is
directed to pass appropriate orders with regard to disbursement of the
admissible benefits, viz., Special Provident Fund, General Provident Fund,
Encashment of earned leave and Encashment of unearned leave on private
affairs, to the petitioner within a period of four (4) weeks from the date of
receipt of a copy of this order.
8. The Writ Petition is disposed of. No costs. Connected Miscellaneous
Petition is closed.
04.01.2022
sl
Index:Yes/no
speaking/non-speaking order
To
The Treasury Officer,
District Treasury,
Collectorate,
Namakkal.
https://www.mhc.tn.gov.in/judis
W.P. No.18392 of 2020
V.PARTHIBAN,J.
Sl
W.P. No.18392 of 2020
and WMP No.22783 of 2020
04.01.2022
https://www.mhc.tn.gov.in/judis
