Madras High Court
The Government Of Tamil Nadu vs R.Govidaraju on 11 December, 2023
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
Writ Appeal No.775 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 11.12.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN
Writ Appeal No.775 of 2020
and C.M.P.No.10261 of 2020
1. The Government of Tamil Nadu,
Rep. By Secretary to Government,
Commercial Taxes and Registration Department,
Secretariat, Chennai – 600 009.
2. The Inspector General of Registration,
No.100, Santhome High Road,
Pattinapakkam, Chennai – 600 028. ....Appellants
Vs.
1. R.Govidaraju
2. The Principal Accountant General (A&E),
Teynampet, Tamil Nadu,
Chennai – 600 018. ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, to set
aside the order dated 17.09.2018 made in W.P.No.24295 of 2018 and
allow this writ appeal.
For Appellants : Mr.K.V.Sajeev Kumar,
Special Government Pleader
For Respondent : No appearance
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Page No.1/5
Writ Appeal No.775 of 2020
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR,J.)
This writ appeal has been directed against the order passed by the
Writ Court dated 17.09.2018 made in W.P.No.24295 of 2018.
2. The first respondent herein was the employee of the appellant
Department, who had been removed from service pursuant to a
disciplinary proceedings. Because of the removal, the benefits like
encashment of earned lave and unearned leave on private affairs,
contribution to special provident fund and family benefits etc., has not
been paid and to that extent an order has been passed on 09.05.2018,
which was under challenge before the Writ Court.
3. Learned Judge, who heard the matter having set aside the said
rejection order, gives a direction to the appellant to pay the petitioner
amount towards the surrender leave, earned leave, unearned leave on
private affairs, provident fund contribution as well as the contribution
towards the family benefit fund, within a period of eight weeks.
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4. Aggrieved over the same, the present appeal has been directed.
5. Heard Mr.K.V.Sajeev Kumar, learned Special Government
Pleader appearing for the appellants.
6. He made submissions to sustain the impugned order before the
Writ Court and wants the order passed by the Writ Court to be set aside.
7. We are not impressed with the said submissions, because the
issue has already been settled in number of judgments, where even a
dismissed or removed employee is entitled to get these benefits like
surrender of earned leave, unearned leave on private affairs, contribution
towards the provident fund as well as the family benefit fund etc.
8. Therefore, that benefits cannot be denied to the employee even
though he was removed from service, hence the view taken by the learned
Judge is to be sustained and hence, this writ appeal deserves to be
dismissed, therefore, it is dismissed and the benefits if at all has not been
paid to the employee, it shall be calculated and be paid to the employee,
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who is the first respondent herein within a period of eight(8) weeks from
the date of receipt of a copy of this order. No costs. Connected
miscellaneous petition is closed.
(R.S.K.,J.) (G.A.M., J.)
11.12.2023
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
mp
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R.SURESH KUMAR, J.
and
G.ARUL MURUGAN, J.
mp
11.12.2023
https://www.mhc.tn.gov.in/judis
