Madras High Court
R.Chandran vs The Commissioner on 20 September, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.27191 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.27191 of 2024
R.Chandran,
Sanitary Inspector,
Salem City Municipal Corporation,
Salem – 636 001. .. Petitioner
Vs.
1.The Commissioner,
Salem City Municipal Corporation,
Salem – 636 001.
2.The Director of Municipal Administration,
No.75, Santhome High Road,
MRC Nagar, Raja Annamalaipuram,
Chennai – 600 028. .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents to
consider the representations submitted by the petitioner on 25.06.2024
and 01.08.2024 for sanction and disbursement of General Provident
Fund, Special Provident Fund, Encashment of Earned Leave / Private
Affairs of the petitioner at his credit as on 31.05.2024, the date of
superannuation, within a reasonable period as may be fixed by this Court.
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W.P.No.27191 of 2024
For petitioner : Mr.T.Ranganathan
For R1 : Mrs.N.Devi
Standing Counsel
For R2 : Dr.T.Seenivasan
Special Government Pleader
ORDER
This Writ Petition has been filed for the issue of writ of mandamus
directing the respondents to consider the representations submitted by the
petitioner on 25.06.2024 and 01.08.2024, wherein the petitioner is
seeking for sanction and disbursement of General Provident Fund,
Special Provident Fund, Encashment of Earned Leave / Private Affairs at
his credit as on 31.05.2024.
2.Heard the learned counsel for the petitioner, learned Standing
Counsel for the 1st respondent and the learned Special Government
Pleader for the 2nd respondent.
3.The case of the petitioner is that he was appointed as Sanitary
Inspector in the Salem City Municipal Corporation in the year 1989. The
petitioner continued in the said post till his superannuation on
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31.05.2024. The petitioner was permitted to retire from service through
proceedings dated 31.05.2024 subject to certain conditions.
4.The grievance of the petitioner is that after he was relieved from
service, the petitioner was not disbursed with the General Provident
Fund, Special Provident Fund, Encashment of Earned Leave / Private
Affairs, etc,. The representation made by the petitioner in this regard also
did not evoke any response. It is under these circumstances, the present
writ petition has been filed before this Court.
5.When the matter was taken up for hearing, the learned Standing
Counsel for the 1st respondent, based on the written instructions received
from the Assistant Commissioner of the Corporation submitted that the
amount was not settled in favour of the petitioner since, the Audit
clearance has not been given. Therefore, steps are being taken to get the
clearance and thereafter to settle the benefits of the petitioner.
6.In the considered view of this Court, it is now too well settled that
in so far as the disbursement of General Provident Fund, Special
Provident Fund, Encashment of Earned Leave / Private Affairs are
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concerned, it is a property which absolutely belongs to the employee and
under no circumstances, the same can be retained. This Court has already
settled the law on this issue. In view of the same, the amounts that have
been claimed by the petitioner will have to be disbursed and it can never
be retained.
7.In the light of the above discussions, there shall be a direction to
the 1st respondent to deal with the representation made by the petitioner
on 01.08.2024 in the light of the above observations made by this Court
and in the light of the judgment of the Division Bench of this Court in
Secretary to Government, Revenue Departmental, Secretariat,
Chennai – 600 009 Vs. K.Palaniyandi reported in 2019 (5) CTC 19 and
pass appropriate orders within a period of six (6) weeks from the date of
receipt of a copy of this order and those amounts shall be disbursed to the
petitioner within a period of eight (8) weeks.
8.The petitioner is directed to make a fresh representation to the 1st
respondent along with all the relevant documents and also a copy of this
order.
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9.In the result, this writ petition is disposed with the above
directions. No costs.
20.09.2024
krk
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
To
1.The Commissioner,
Salem City Municipal Corporation,
Salem – 636 001.
2.The Director of Municipal Administration,
No.75, Santhome High Road,
MRC Nagar, Raja Annamalaipuram,
Chennai – 600 028.
https://www.mhc.tn.gov.in/judis
N.ANAND VENKATESH, J.
krk
20.09.2024
https://www.mhc.tn.gov.in/judis
