S.Viswanathan, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2016
CORAM
THE HON'BLE MR. JUSTICE T.RAJA W.P.No.11905 of 2016 & W.M.P.No.10280 of 2016 S.Viswanathan ... Petitioner Vs.
1.The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.
2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, No.48, NGR Nagar Main Road, SRC Mill Compound, Uthukuli Main Road, Tiruppur - 641 601.
Tiruppur District.
... Respondents Prayer:Petition filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus, directing the respondents to disburse the petitioner's encashment of earned leave and encashment of unearned leave on private affairs without any deduction together with five months additional charge allowances and sanctioning monthly pension to the petitioner.
For Petitioner : Mr.C.Prakasam For Respondent : Mr.L.P.Shanmughasundaram Nos.1 & 2
O R D E R
This Writ Petition has been filed by the petitioner seeking a Writ of Mandamus, directing the respondents to disburse his encashment of earned leave and encashment of unearned leave on private affairs without any deduction together with five months additional charge allowances and sanctioning monthly pension to him.
2.Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.L.P.Shanmughasundaram, learned counsel takes notice on behalf of the respondents.
3.The petitioner was appointed as Steno Typist in the respondent corporation on 10.04.1981. Thereafter, he was promoted to various positions and when the petitioner was discharging his duty as Deputy Manager in the year 2013, he was posted as Regional Manager Incharge as full additional charge for Tiruppur Region and at that time, he was issued with charge memo. In regard to the issuance of charge memo, he had given a detailed explanation to the second respondent. Inspite of the same, the second respondent had passed an order dated 21.11.2014 to which he preferred an appeal before the first respondent and the same is pending.
Meanwhile, the petitioner attained the age of superannuation and was permitted to retire from service on 30.11.2014 in view of the order passed by the first respondent in his proceedings No.AE7/39411/2014 dated 25.11.2014, in which, he has clearly stated that no charges or court cases are pending against the petitioner except a sum of Rs.55,984/- towards recovery related to audit and value of unspent punishment and the he has also directed the second respondent to settle the encashment of earned leave and unearned leave on private affairs after adjusting the above said sum to the petitioner. Though the petitioner was given the benefits of Gratuity, ECPF and SPF, the second respondent has not inclined to disburse his encashment amount of earned leave and unearned leave on private affairs.
Hence, he made several representations to the second respondent. Since no orders has been passed on the said representations till date, he has come forward with the present writ petition.
4.On perusal of the order of the first respondent dated 25.11.2014, it clearly shows that neither any charge nor court cases are pending against the petitioner except a sum of Rs.55,984/- towards recovery related to audit and value of unspent punishment.
5.In response, the learned counsel for the petitioner submitted before this Court that the petitioner is prepared to accept deduction of Rs.55,984/- towards recovery related to audit and value of unspent punishment from his terminal benefits. He further submitted that after deducting the said sum, the second respondent shall be directed to disburse the balance amount of terminal benefits to the petitioner. When the petitioner has agreed for deduction, the same can be accepted. 6.Considering the submission made by the learned counsel for the petitioner, the second respondent is hereby directed to deduct a sum of Rs.55,984/- towards recovery related to audit and value of unspent punishment and to disburse the balance terminal benefits to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that the said deduction is subject to the result of the surcharge proceedings. If the petitioner succeeds in the
surcharge proceedings, the second respondent shall refund the deducted amount without interest to him.
7.Accordingly, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Managing Director, Tamil Nadu Civil Supplies Corporation, Kilpauk, Chennai - 600 010.
2.The Regional Manager, Tamil Nadu Civil Supplies Corporation, No.48, NGR Nagar Main Road, SRC Mill Compound, Uthukuli Main Road, Tiruppur - 641 601.
Tiruppur District.
+1 cc to Mr.C.Prakasam Advocate sr.20669 +1 cc to Mr.L.P.Shanmugasundaram Advocate sr.20384 W.P.No. 11905 of 2016 & W.M.P.No.10280 of 2016 aa20/04/2016