Madras High Court
V.George vs The Secretary To Government on 22 March, 2022
W.P.No.16750 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.16750 of 2020
V.George
.. Petitioner
Vs.
1. The Secretary to Government,
Water Supply and Municipal Administration Department,
Secretariat,
Chennai-600009.
2. The Commissioner of Municipal Administration,
11th Floor, Urban Administrative Building,
75, Santhome High Rod,
MRC Nagar, Raja Annamalai Puram,
Chennai-600028.
3. The Commissioner,
Municipal Office,
Government Garden Office, Tirupathur,
Vellore District-635 601
.. 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
release the monetary benefits payable upon sanction of earned leave and
unearned leave to the credit of the petitioner vide sanction order dated
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.16750 of 2020
05.09.2019 bearing Na.Ka.No.0960/2019/C1 and in accordance with
Fundamental Rules viz, 86(a) (i) (ii) (iii) to the petitioner.
For Petitioner :Ms.T.Hemalatha
For Respondents : Mr.M.Bindran, AGP- R1 & R2
: Mr.V.Kathirvelu for R3
ORDER
The prayer in the writ petition is to directing the respondents to
release the monetary benefits payable upon sanction of earned leave and
unearned leave to the credit of the petitioner vide sanction order dated
05.09.2019 bearing Na.Ka.No.0960/2019/C1.
2. Heard both sides and perused the documents available on record.
3. The learned counsel for the petitioner has submitted that the
petitioner worked as Municipal Engineer Grade-II in the 3rd respondent
office. Though he attained the age of superannuation on 31.03.2019, he was
not allowed to retire from service on the ground that disciplinary proceedings
are pending against him. The learned counsel for the petitioner has further
submitted that the petitioner has made representation dated 31.05.2019 to the
3rd respondent to sanction Earned Leave, Un-Earned Leave and the 3rd
https://www.mhc.tn.gov.in/judis
W.P.No.16750 of 2020
respondent by impugned proceedings dated 05.09.2019 had sanctioned the
earned leave, unearned leave and gratuity, but till date the respondent has not
paid the said amount to the petitioner.
4. The learned counsel for the petitioner has relied upon the decosion
of this Court made in W.P.Nos.31786 to 31788 of 2019, dated 12.11.2019,
wherein this Court by relying upon the number of judgments held that the
petitioners therein are entitled to claim the encashment of Earned leave,
Unearned leave as well as gratuity and accordingly directed the respondents
to disburse the amount. In the light of the said decision of this Court, the
petitioner herein also entitle to the said benefit.
5. Considering the facts and circumstances of the case and in view of
the above said decision of this Court, this Court directs the 1st respondent to
consider the petitioner's representation dated 31.05.2019 and pass necessary
orders granting payment towards the encashment of Earned leave and
Unearned leave to the petitioner as per the impugned proceedings dated
05.09.2019, if he is otherwise eligible and satisfies the relevant norms, within
https://www.mhc.tn.gov.in/judis
W.P.No.16750 of 2020
D.KRISHNAKUMAR. J
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a period of eight weeks from the date of receipt of a copy of this order. The
said order shall be communicated to the petitioner.
6. With the above directions, the writ petition stands disposed of. No
costs.
22.03.2022
Internet : Yes / No
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To
1. The Secretary to Government,
Water Supply and Municipal Administration Department,
Secretariat, Chennai-600009.
2. The Commissioner of Municipal Administration,
11th Floor, Urban Administrative Building,
75, Santhome High Rod,
MRC Nagar, Raja Annamalai Puram,
Chennai-600028.
3. The Commissioner,
Municipal Office,
Government Garden Office, Tirupathur,
Vellore District-635 601
W.P.No. 16750 of 2020
https://www.mhc.tn.gov.in/judis
