Madras High Court
Gabiriel vs The State Of Tamil Nadu on 19 September, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.26927 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.26927 of 2024
Gabiriel
S/o.Mariasoosai ... Petitioner
Vs.
1.The State of Tamil Nadu
represented by its
Secretary to Government,
Revenue Department,
Fort St.George, Chennai - 600 009.
2.The District Collector,
Office of the District Collectorate,
Cuddalore.
3.The Revenue Divisional Officer,
Cuddalore District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing the respondents
to forthwith disburse the eligible terminal benefits to the petitioner such
as encashment of earned leave and unearned leave on private affairs,
contributory pension scheme, employees provident fund, special
provident fund and 1432 Fasali Jamabandhi allowance and other eligible
benefits by considering his representation dated 23.08.2023,
notwithstanding the pendency of criminal proceedings against the
petitioner, within a time limit to be specified by this Court.
For Petitioner : Mr.M.Elumalai
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Writ Petition No.26927 of 2024
For Respondents : Mr.S.Balamurugan,
Government Advocate
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the respondents to disburse the eligible terminal
benefits to the petitioner by considering the representation made by the
petitioner on 23.08.2023.
2. Heard Mr.M.Elumalai, learned counsel for petitioner and
Mr.S.Balamurugan, learned Government Advocate appearing for
respondents.
3. The case of the petitioner is that he was appointed as a
Village Administrative Office and posted in Chidambaram Revenue
Division in the year 2018. A First Information Report came to be
registered in Crime No.6 of 2017 and the petitioner was arrayed as an
accused. The petitioner was arrested and remanded to judicial custody.
The same resulted in an order of suspension passed by second respondent
dated 19.05.2017.
4. The petitioner filed W.P.No.18596 of 2018 before this Court
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Writ Petition No.26927 of 2024
for a direction to the respondents to deal with the representation made by
the petitioner wherein the petitioner had sought for revocation of the
order of suspension. This writ petition was disposed of by an order dated
23.07.2018 by issuing necessary direction to the respondents.
5. Pursuant to the above order, the second respondent, through
proceedings dated 28.06.2019, revoked the order of suspension and the
petitioner was reinstated into service and posted as Village
Administrative Officer, A.P.Agaram Village, Cuddalore District.
6. Through proceedings dated 31.05.2023, the petitioner was
not permitted to retire from service and the order of suspension passed
against the petitioner continued.
7. The grievance of the petitioner is that the petitioner has not
been settled with the benefit of earned leave and unearned leave on
private affairs and other benefits to which the petitioner is entitled to.
Therefore, the petitioner made a representation dated 23.08.2023 to the
third respondent in this regard. Since the same was not considered, the
present writ petition has been filed.
8. In the considered view of this Court, there are certain
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Writ Petition No.26927 of 2024
terminal benefits, which are bound to be paid to the employee irrespective
of final result of the disciplinary proceedings. The law on this issue was
settled by the Division Bench of this Court in the judgment in The
Secretary to Government, Revenue Department, Secretariat & Others
Versus K. Palaniyandi [2019 (5) CTC 19]. This was subsequently
followed up by another Division Bench in W.A.No.530 of 2021 by order
dated 29.06.2021. It was made clear that encashment of earned leave and
unearned leave on private affairs is payable irrespective of the result of
the disciplinary proceedings.
9. In view of the above, there shall be a direction to third
respondent to deal with the representation made by the petitioner on
23.08.2023 and the third respondent shall pass appropriate orders for
disbursement of the benefit of earned leave and unearned leave on private
affairs, provident fund, if any, special provident fund, if any and those
benefits shall be paid to the petitioner within a period of eight (8) weeks
from the date of receipt of a copy of this order.
10. The petitioner is directed to make a fresh representation to
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Writ Petition No.26927 of 2024
the third respondent along with all relevant documents and a copy of this
order.
This writ petition is disposed of with the above direction. No
costs.
19.09.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Secretary to Government,
Revenue Department,
Fort St.George, Chennai - 600 009.
2.The District Collector,
Office of the District Collectorate,
Cuddalore.
3.The Revenue Divisional Officer,
Cuddalore District.
N.ANAND VENKATESH, J
gm
https://www.mhc.tn.gov.in/judis
Writ Petition No.26927 of 2024
Writ Petition No.26927 of 2024
19.09.2024
https://www.mhc.tn.gov.in/judis
