Madras High Court
T.Rajendran vs State Of Tamil Nadu on 13 September, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.26526 of 2024
T.Rajendran ... Petitioner
Vs.
1.State of Tamil Nadu
Rep. by the Principal Secretary to Government,
Health and Family Werlfare Department,
Secretariat,
Chennai – 600 009.
2.The Director of Public Health and Preventive Medicine,
DMS Compound,
Chennai – 600 006.
3.The District Health Officer,
District Collector Office Complex,
Namakkal – 637 003. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents to settle and pay to the
petitioner encashment of earned leave and encashment of unearned leave on private
affairs with interest as has been claimed by the petitioner in his representations
dated 27.05.2024 and 06.08.2024 within a time frame.
1/6
https://www.mhc.tn.gov.in/judis
For Petitioner : Mr.V.Subramani
For Respondents : Mr.M.Bindran
Additional Government Pleader
ORDER
This writ petition has been filed for issue of writ of mandamus directing the
respondents to settle and pay to the petitioner the encashment of earned leave and
encashment of unearned leave on private affairs with interest as claimed by the
petitioner in his representations dated 27.05.2024 and 06.08.2024.
2.Heard Mr.V.Subramani, learned counsel appearing on behalf of the
petitioner and Mr.M.Bindran, learned Additional Government Pleader appearing on
behalf of the respondents.
3.The case of the petitioner is the petitioner was working as an Assistant
Surgeon. During the year 1995, the TNPSC debarred the petitioner from appearing
for any examination on the ground that the petitioner had produced the bogus
community certificate. The Criminal Court also convicted the petitioner and as a
https://www.mhc.tn.gov.in/judis
result, the petitioner was dismissed from service by an order dated 26.04.2024. The
date of superannuation of the petitioner was on 30.04.2024 and in the meantime,
this dismissal order came to be passed.
4.The grievance of the petitioner is that he has made a representation
claiming for encashment of earned leave and encashment of unearned leave on
private affairs and this representation was not considered. Therefore, the present
writ petition has been filed before this Court.
5.In the considered view of this Court, this Court has repeatedly held that
even if an employee is dismissed from service, he will be entitled for disbursement
of General Provident Fund, Special Provident Fund and Earned leave encashment.
Therefore, just because the petitioner has been removed from service, that does not
mean that he can be deprived of these entitlements. Useful reference can be made to
the judgment of the Division Bench in Secretary to Government, Revenue
Department, Secretariat. Chennai – 600 009 vs. K.Palaniyandi reported in 2019
5 CTC 19.
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6.In the light of the above discussion, there shall be a direction to the 2 nd
respondent to deal with the representation made by the petitioner on 06.08.2024 on
its own merits and in accordance with law and in the light of the observations made
by this Court and pass appropriate orders, within a period of six weeks from the
date of receipt of copy of this order. The payments to which the petitioner is entitled
to shall be paid, within a period of eight weeks from the date of receipt of copy of
this order.
7.This writ petition is disposed of with the above directions. No Costs.
13.09.2024
Internet : Yes
Index : Yes
Speaking Order / Non Speaking Order
ssr
Note:Issue Order Copy on 18.09.2024
To
1.The Principal Secretary to Government,
State of Tamil Nadu
Health and Family Werlfare Department,
Secretariat,
Chennai – 600 009.
https://www.mhc.tn.gov.in/judis
2.The Director of Public Health and Preventive Medicine,
DMS Compound,
Chennai – 600 006.
3.The District Health Officer,
District Collector Office Complex,
Namakkal – 637 003.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
ssr
13.09.2024
https://www.mhc.tn.gov.in/judis
