Madras High Court
S.Ravichandran vs The Director Of Municpal ... on 4 September, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.25555 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.25555 of 2024
S.Ravichandran,
Formerly Assistant,
Rajapalayam Municipality,
(under suspension),
No.11/4, Tiruppukoodal Street,
Little Kancheepuram,
Kancheepuram – 631 501. .. Petitioner
Vs.
1.The Director of Municpal Administration,
No.75, Santhome High Road,
MRC Nagar, Raja Annamalaipuram,
Chennai – 600 028.
2.The Principal Secretary to Government,
Municipal Administration and Water Supply
Department,
Secretariat, Chennai – 600 009.
3.The Commissioner,
Rajapalayam Municipality,
Rajapalayam. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the 2nd respondent to
sanction and disburse General Provident Fund final settlement, Special
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1/5
W.P.No.25555 of 2024
Provident Fund, Encashment of Earned Leave / Private Affairs due to the
petitioner as on the date of retirement 30.06.2024, within a reasonable
period as may be fixed by this Court.
For petitioner : Mr.T.Ranganathan
For Respondents : Mr.C.Selvaraj
Additional Government Pleader
ORDER
This writ petition has been filed for the issue of writ of mandamus
directing the 2nd respondent to sanction and disburse the general
provident fund final settlement, special provident fund, encashment of
earned leave / private affairs due to the petitioner as on the date of
retirement 30.06.2024.
2.Heard the learned counsel for the petitioner and the learned
Additional Government Pleader for the respondents.
3.The case of the petitioner is that he was working as an Assistant
in the Rajapalayam Municipality. The petitioner was about to attain the
age of superannuation on 30.06.2024. However, the 1st respondent
through proceedings dated 28.06.2024, placed the petitioner under
suspension and a separate proceedings was issued on the same day not
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permitting the petitioner from retiring from service.
4.The grievance of the petitioner is that the respondents cannot
withhold the general provident fund, special provident fund, encashment
of earned leave / private affairs even if the disciplinary proceedings are
pending. The petitioner made a representation in this regard on
14.08.2024. Since, the same did not evoke any response, the present writ
petition has been filed before this Court.
5.Taking into consideration the facts and circumstances of the case
and the judgment of the Division Bench of this Court in
W.A.(MD).No.105 of 2019 dated 31.07.2019, there shall be a direction
to the 2nd respondent to deal with the representation made by the
petitioner on 14.08.2024. The judgment that has been relied upon by the
petitioner made it very clear that even in a case where the disciplinary
proceedings ultimately end up in dismissal, the employee cannot be
deprived of the provident fund, special provident fund, encashment of
earned leave / unearned leave, etc. Therefore, the same shall be kept in
mind by the 2nd respondent and appropriate orders shall be passed within
a period of six (6) weeks from the date of receipt of a copy of this order.
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6.The petitioner is directed to make a fresh representation to the 2nd
respondent along with all the relevant documents and also a copy of this
order.
7.Accordingly, this Writ Petition is disposed of with the above
directions. No costs.
04.09.2024
krk
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
To
1.The Director of Municpal Administration,
No.75, Santhome High Road,
MRC Nagar, Raja Annamalaipuram,
Chennai – 600 028.
2.The Principal Secretary to Government,
Municipal Administration and Water Supply
Department,
Secretariat, Chennai – 600 009.
3.The Commissioner,
Rajapalayam Municipality,
Rajapalayam.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
krk
04.09.2024
https://www.mhc.tn.gov.in/judis
