K.Pugazhendhi vs The District Collector
2022 Latest Caselaw 11219 Mad

                                                                                 W.P.No.17513 of 2020

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 27.06.2022

                                                     CORAM:

                                  THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

                                               W.P.No.17513 of 2020

                  K.Pugazhendhi                                       ..           Petitioner

                                                        vs.

                  1.The District Collector,
                    Ariyalur District.

                  2.The Assistant Director of Survey and Land Records,
                    District Collector Complex,
                    Ariyalur District.                                      ..     Respondents

                  Prayer: Writ Petition filed under Article 226 of the Constitution of India
                  praying for issuance of a Writ of Mandamus directing the respondents to
                  disburse the encashment leave salary, Special Provident Fund and Gratuity as
                  per petitioner's representation dated 05.06.2020, based on the earlier order of
                  this Court in W.A.(MD)No.105 of 2019, W.P.No.14375 of 2018 and
                  W.P.No.16098 of 2015, W.P(MD)No.1484 of 2016 and WP.(MD)No.1179 of
                  2017.

                            For Petitioner    : Mr.Gopalakrishnan

                            For Respondents : Mr.P.Ganesan,
                                              Government Advocate for R1 and R2



https://www.mhc.tn.gov.in/judis
                                                         1
                                                                                   W.P.No.17513 of 2020

                                                    ORDER

The prayer in the writ petition is for a Mandamus directing the

respondents to disburse the leave salary encashment, Special Provident Fund

and Gratuity as per petitioner's representation dated 05.06.2020, based on the

earlier order of this Court in W.A.(MD)No.105 of 2019, W.P.No.14375 of

2018 and W.P.No.16098 of 2015, W.P(MD)No.1484 of 2016 and

WP.(MD)No.1179 of 2017.

2. According to the petitioner, he was implicated in a criminal case for

the alleged commission of offences under Sections 13(2) r/w. 13(1)(d) of the

Prevention of Corruption Act, 1988 and after full fledged trial, the said

criminal case ended in conviction in Special CC.No.10/2012 on the file of

the Chief Judicial Magistrate at Ariyalur. Assailing the aforesaid judgment,

the petitioner preferred an appeal in C.A.No.24 of 2017 on the file of this

Court and the sentence was modified to 3 years simple imprisonment, vide

judgment dated 23.10.2017. Challenging the same, the petitioner preferred a

SLP(Crl)No.5387 of 2018 before the Hon'ble Apex Court and vide judgment

dated 12.11.2018, the sentence was modified to one year and six months.

According to the petitioner, even though the petitioner was convicted by the

Criminal Court and consequently dismissed from service, he is entitled for

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W.P.No.17513 of 2020

disbursement of leave salary encashment, Special Provident Fund and

Gratuity, in the light of the Division Bench judgment of this Court in

W.A.(MD)No.105 of 2019 [Secretary to Government, Revenue Department,

and others v. K.Palaniyandi].

3. Heard the learned counsel for the parties and perused the materials

on record.

4. Considering the limit scope of prayer sought for by the petitioner

and taking into consideration the Division Bench decision of this Court cited

supra, this Court is of the view that the petitioner is entitled for Encashment

of Earned Leave, Special Provident Fund and Gratuity and the respondents

are directed to pass appropriate orders on the petitioner's representation dated

05.06.2020, seeking for disbursal of the aforesaid benefits, within a period of

twelve weeks from the date of receipt of a copy of this order.

D.KRISHNAKUMAR. J

https://www.mhc.tn.gov.in/judis

W.P.No.17513 of 2020

Jvm

5. The Writ Petition stands disposed of with the above directions. No

costs.

                                                                                       27.06.2022
                  Index           : Yes / No
                  Internet        : Yes / No
                  Jvm

                  To
                  1.The District Collector,
                    Ariyalur District.

2.The Assistant Director of Survey and Land Records, District Collector Complex, Ariyalur District.

W.P.No.17513 of 2020

https://www.mhc.tn.gov.in/judis