Madras High Court
The Secretary To Government vs N.Dayalan on 4 July, 2023
W.A.No.2885 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.07.2023
CORAM
THE HON'BLE Mr. JUSTICE R.SURESH KUMAR
AND
THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ
W.A.No.2885 of 2019
1.The Secretary to Government,
Revenue Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Joint Director,
Central Survey Office,
Chepauk, Chennai – 600 005. ... Appellants
Vs.
N.Dayalan ... Respondent
Prayer : Appeal filed under Clause 15 of Letters Patent Act, against the
order dated 27.07.2015 in W.P.No.22531 of 2015 passed by this Court.
For Appellants : Mr.K.V.Sajeev Kumar
Special Government Pleader
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 27.07.2015 made in W.P.No.22531 of 2015.
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W.A.No.2885 of 2019
2. The respondent was an employee of the appellant department
and due to some disciplinary proceedings, he had been dismissed from
service.
3. The said dismissal order since was accepted he did not
challenge the same. However, it was the claim of the respondent
employee that though he was dismissed from service, he is entitled to get
the benefits like General Provident Fund and his contribution towards
Special Provident Fund as well as the Encashment of his Earned Leave
accrued in his account. For the aforestated purpose, when he approached
the appellant department by filing the representation, since the same was
not considered, he had approached this Court by filing a writ petition and
the said writ petition was allowed by the learned Judge by the order
impugned.
4. Assailing the same, Mr.K.V.Sajeev Kumar, learned Special
Government Pleader for the appellants would submit that, insofar as the
settlement of the said amount under three heads viz., General Provident
Fund, contribution towards Special Provident Fund as well as
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W.A.No.2885 of 2019
Encashment of Earned Leave is concerned, the appellant department
does not have any grievance. However, the learned Special Government
Pleader would submit that, insofar as the order given by the learned
Judge that amount can be disbursed to the employee with interest is
concerned, the belated payment if at all anything to be made by the
appellant department is not due to the delay caused by the department
but it is the delay on the part of the employee as he had been
unauthorisedly absent for several years and therefore that only warranted
the initiation of the disciplinary proceedings against him and that ended
in the dismissal order, on the dismissal after a long time, he approached
the Court of law and therefore that delay caused because of his action
cannot be attributable towards the appellant department, for which, the
appellant department is not liable to pay any interest, he contended.
5. We have considered the said submissions made by the learned
Special Government Pleader for the appellants. We are not impressed
with the said submission made by him, for the reason being that, insofar
as the entitlement of an employee to get the General Provident Fund
amount as well as his contribution towards the Special Provident Fund
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W.A.No.2885 of 2019
and also the Encashment of Earned Leave is concerned, that is a right of
the employee as those amount are the properties of the employees, that
has to be paid to the employee who has been dismissed from service,
which is a settled proposition of law. When that being the position, the
moment the appellant department dismissed the employee from service
these amounts could have been deposited in his bank account and the
delay caused that too by driving the party that is the employee to come
before this Court and file a writ petition where orders were passed on
27.07.2015, therefore cannot be attributable on the employee, hence the
learned Judge has rightly approached the matter and given a direction to
pay the said amount with interest.
6. Therefore, we do not find any error in the said order of the
learned Judge which is impugned herein. However, since the interest has
not been admittedly paid, we feel that such interest shall be paid to the
employee by calculating the amount to be settled on the three heads from
the date of due till the date of payment and the needful shall be
undertaken by the appellant department within a period of twelve weeks
from the date of receipt of a copy of this judgment. It is made clear that,
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W.A.No.2885 of 2019
the payment if anything has already been paid and received by the
employee, that shall be deducted and the remaining amount only shall
carry the interest.
7. With these observations and direction, this Writ Appeal is
dismissed. No costs.
(R.S.K., J.) (M.S.Q., J.)
04.07.2023
Index : Yes/No
Speaking Order : Yes/No
Sgl
https://www.mhc.tn.gov.in/judis
W.A.No.2885 of 2019
R. SURESH KUMAR, J.
And
MOHAMMED SHAFFIQ, J.
Sgl
W.A.No.2885 of 2019
04.07.2023
https://www.mhc.tn.gov.in/judis
