Madras High Court
P.Pitchaimani vs The Secretary To Government Of ... on 4 October, 2023
W.P.No.17666 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.17666 of 2020
P.Pitchaimani ... Petitioner
/vs/
1. The Secretary to Government of Tamil Nadu,
Public Works (E2) Department,
Fort St. George, Secretariat,
Chennai – 104.
2. The Engineer in Chief,
WRD cum Chief Engineer (General)
Public Works Department,
Chepauk, Chennai – 5. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to sanction Encashment
of Leave (8months, Unearned Leave on Private Affairs (3 months), Special PF
and remaining 10% of General Provident Fund payable to the petitioner along
with interest at 12% per annum in the light of the law laid down by this Court
in W.A.(MD)No.105/2019 dated 31.07.2019.
For Petitioner ... Ms.V.Kanchana
for Mr.V.Vijayashankar
For Respondents ... Mr.P.Sanjay Gandhi, Govt. Advocate
Page 1 of 8
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W.P.No.17666 of 2020
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Mandamus directing the respondents to sanction Encashment of Leave
(8months, Unearned Leave on Private Affairs (3 months), Special PF and
remaining 10% of General Provident Fund payable to the petitioner along with
interest at 12% per annum in the light of the law laid down by this Court in
W.A.(MD)No.105/2019 dated 31.07.2019.
2. The learned counsel for the petitioner submitted that the petitioner
had joined in service as Assistant Draughtsman in the year 1974 and later
promoted as Draughtsman; when he was due to retire on 31.07.2012, he was
placed under suspension and not allowed to retire in view of pending
departmental proceedings; thereafter the first respondent in his capacity as
disciplinary authority imposed a punishment of dismissal from service against
the petitioner; as against the order of dismissal the petitioner had filed a
separate writ petition; the main grievance of the petitioner is that though he
was dismissed from service, he is entitled to the encashment of Earned Leave,
Unearned Leave on Private Affairs, Special Provident Fund and 10% of GPF to
be paid by the department; however the same was not granted so far; hence the
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W.P.No.17666 of 2020
petitioner had sent a representation dated 13.10.2020 to the respondents
calling upon them to sanction and pay the above benefits; since the same was
not considered, the petitioner had filed this writ petition.
2.1 In support of his above contention, the learned counsel for the
petitioner relied on the following judgment:
i) Judgment of Division Bench of this Court in The Secretary to
Government, Revenue Department, Secretariat, Chennai and others Vs.
K.Palaniyandi reported in 2019 (5) CTC 19;
ii) Judgment of Division Bench of this Court in The Secretary to
Government, Rural Development and Panchayat Raj Department, Chennai
in W.A.No.958/2021 dated 13.08.2021.
3. The respondents have filed their counter affidavit by stating that there
are no statutory provisions in the existing fundamental rules for sanctioning
such benefits to a Government Servant who has been imposed with the
punishment of removal of service; a Government Servant who has been
imposed the above said punishment of compulsory retirement is alone eligible
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W.P.No.17666 of 2020
to receive the benefits of leave encashment; though the benefits of leave
encashment and special provident fund and the remaining 10% of GPF
amount are personal property / savings of a Government Servant, the same is
forbidden to Government Servants who have been imposed with the
punishment of removal from service / dismissal from service; hence this
petition should be dismissed.
4. The issue in the present case as to the sanction of Encashment of
Leave, Unearned Leave on Private Affairs, Special PF and General Provident
Fund payable to the petitioner has already been settled in various decision and
in the judgment of the Division Bench in The Secretary to Government,
Revenue Department, Secretariat, Chennai (cited supra), it is held as under:
“... 8. It is pertinent to note that even a person who is dismissed from
service, is also entitled to the encashment of leave salary. If that being case, we
do not find any logic behind the contention of the appellants as if such amount
can be paid only after the termination of the proceedings. In other words, there
must be a specific reason with object for retention of the said sum, pending
disciplinary proceedings. Therefore, even at the worst scenario of dismissal of
his service, the Government Servant is entitled to the encashment of leave
salary and the same cannot be denied to be paid on his request, merely
because, his service has been retained.”
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W.P.No.17666 of 2020
4.1 The same issue has also been dealt by a Division Bench of this
Court in The Secretary to Government, Rural Development and Panchayat
Raj Department, Chennai (cited supra) wherein it is held as under:
“... 14. In other words, it is to be noted that even a person who is
dismissed from service, is also entitled to the encashment of leave salary. If
that being case, we do not find any logic behind the contention of the appellant
as if such amount can be paid only after the termination of the proceedings. In
other words, there must be a specific reason with object for retention of the
said sum, pending disciplinary proceedings. What the Government Servant is
entitled to even at the worst scenario of dismissal of his service, cannot be
denied to be paid on his request, merely because, his service is retained.”
5. In view of the above decisions, it can be held that the petitioner is
entitled to Encashment of Leave, Unearned Leave on Private Affairs, Special
PF and General Provident Fund. The observations made in the above decisions
are squarely applicable to the facts of the present case. Hence, I have no
hesitation to grant the relief as claimed by the petitioner.
6. In the light of the above decisions of the Division Bench, this Writ
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W.P.No.17666 of 2020
Petition is allowed and the respondents are directed to settle the Encashment
of Leave, Unearned Leave on Private Affairs, Special PF and remaining 10% of
General Provident Fund payable to the petitioner along with interest, in terms
of the representation made by the petitioner on 13.10.2020, as admissible and
payable within a period of four weeks from the date of receipt of a copy of this
order. No costs.
04.10.2023
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W.P.No.17666 of 2020
To:
1. The Secretary to Government of Tamil Nadu,
Public Works (E2) Department,
Fort St. George, Secretariat,
Chennai – 104.
2. The Engineer in Chief,
WRD cum Chief Engineer (General)
Public Works Department,
Chepauk, Chennai – 5.
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W.P.No.17666 of 2020
R.N.MANJULA ,J.
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W.P.No.17666 of 2020
04.10.2023
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