Madras High CourtWP/8693/2022disposed of

S.Annadurai v. The Revenue Divisional Officer

2023-09-04Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR S.Annadurai ... Petitioner Vs.

The Revenue Divisional Officer, Attur, Salem District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondent to release and disburse the Gratuity, Provident Fund, Contribution to the Special Provident Fund and pensionary benefits to the petitioner, by considering his representation dated 15.9.2020 within a reasonable period to be fixed by this Court.

For Petitioner : Mr.P.Rajavel For Respondent : Mr.S.Prabhakaran Government Advocate

O R D E R

This writ petition has been filed to direct the respondent to release and disburse the Gratuity, Provident Fund, contribution to the

Special Provident Fund and pensionary benefits to the petitioner, by considering his representation dated 15.9.2020 within a reasonable period to be fixed by this Court.

2.It is the grievance of the petitioner that, though he was terminated from service by order dated 15.07.2019, his retirement benefits have not been paid to him so far. Hence, the writ. 3.Heard the learned counsel for the petitioner. 4.Mr.S.Prabhakaran, learned Government Advocate, appearing for the respondent, submitted that the petitioner was dismissed from service on the basis of criminal cases registered against him. Therefore, the petitioner is not entitled to Gratuity and pensionary benefits, however, he is entitled to the benefits of Provident Fund and contribution to the Special Provident Fund.

5.Since the petitioner has been removed from service, he cannot seek Gratuity and pensionary benefits, etc., except Provident Fund and contribution to the Special Provident Fund. Therefore, the respondent is

directed to process the eligible amounts payable to the petitioner and pay the same to the petitioner within a period of four months from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs.

04.09.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To The Revenue Divisional Officer, Attur, Salem District.

N. SATHISH KUMAR, J.

mkn 04.09.2023