K.Kulandai, v. The District Elementary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.08.2018 Coram The Hon'ble Mr.Justice SATRUGHANA PUJAHARI W.P.No. 20112 of 2018 K. Kulandai ...Petitioner Vs.

1. The District Elementary Educational Officer, Krishnagiri District, Krishnagiri.

2. The Principal of Accountant General (A&E), Tamil Nadu, Teynampet, Chennai - 18.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents herein to grant encashment of earned and unearned leave on private affairs and the petitioner's contribution to Special PF and other payments of arrears due and payable to the petitioner, within a limited time frame. For Petitioner : Mr. M. Ravi For Respondents : Mrs. P. Kavitha Government Advocate for R.1

O R D E R

The grievance of the petitioner in this case is that though he has been dismissed from Government service but he is entitled to encashment of his earned leave and unearned leave during the service and also his contribution towards S.P.F. and as such he has filed the representation but no action on the same having been taken, he came to file the writ petition challenging such inaction and seeking direction to the respondents to dispose of his representation to release the arrears of payments due to him in accordance with law.

2. During the course of hearing, it is submitted by the learned counsel appearing for the petitioner that the aforesaid matter since been well settled and this Court also in umpteen number of cases have directed for release of the same as such https://hcservices.ecourts.gov.in/hcservices/

the respondents be directed to dispose of his representation keeping in mind the settled position of law.

3. Mrs.P.Kavitha, learned Government Advocate who accepts notice on behalf of the first respondent submits that they have no objection to dispose of such representation but in accordance with law.

4. Considering the aforesaid facts and submissions made, this Court disposes of this writ petition with the direction to the respondents to consider such representation of the petitioner within a period of four weeks from the date of receipt of a copy of this Order in the light of the law laid down by the Hon'ble Division Bench of this Court in the case of The District Collector, Tiruvallur District, Tiruvallur Vs. T.L.Nageswara Rao in W.A.No.458 of 2016 and also other cases in this regard. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar lok To

1. The District Elementary Educational Officer, Krishnagiri District, Krishnagiri.

2. The Principal of Accountant General (A&E), Tamil Nadu, Teynampet, Chennai - 18.

+1cc to M/S.M.Ravi, Advocate Sr.53749 +1cc to the Government Pleader Sr.54053 W.P.No. 20112 of 2018 nri[co] srg 28/08/2018 https://hcservices.ecourts.gov.in/hcservices/