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Madras High CourtWP/8641/2021disposed of

S.Ravanan S/O Sambasivam, v. The District Collector

2021-04-19Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2021 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.No.8641 of 2021 S.Ravanan ... Petitioner Vs.

The District Collector, Villupuram District, Villupuram.

... Respondent Prayer: Writ petition filed under Article 226 of Constitution of India praying to issue a writ of mandamus, directing the first respondent to consider and pass orders on the Review Petition dated 17.03.2021 preferred by the petitioner against the order of dismissal from service dated 21.12.2020 passed by the second respondent and to forthwith disburse the amounts accruing out of encashment of surrender of earned leave and unearned leave on private affairs and special Provident Fund contributions.

For Petitioner : Mr.M.Ravi For Respondent : Mr.R.Govindasamy Special Government Pleader

O R D E R

The petitioner was dismissed from service on 21.12.2020. Against the order of dismissal from service as well as against the non settlement of encashment of earned leave and unearned leave and Special Provident Fund, he preferred a Review Petition to the respondent herein on 17.03.2021. The said Review Petition is pending without disposal and hence, he preferred the above writ petition.

2. Mr.R.Govindasamy, learned Special Government Pleader for respondent would submit that the Review Petition filed by the petitioner reached the office of the respondent only on 24.03.2021 and it will be considered in due course.

3. The Review Petition against the order of dismissal is an independent issue on the basis of the decision on the Review Petition, the other consequential orders can be passed.

4. The learned counsel for the petitioner would restrict his prayer only in respect of disposal of the Review Petition against the order of dismissal and he would seek https://hcservices.ecourts.gov.in/hcservices/

permission to claim the relief against the non-settlement of encashment benefits and Special Provident Fund independently. He would also pray that he may be given permission to raise additional grounds and to file additional documents and judgments in support of the Review Petition.

5. Considering the submissions as well as the facts and circumstances of the case, the petitioner is permitted to raise additional grounds and to submit additional documents along with judgments within a period of one week from the date of receipt of a copy of this order. On such additional grounds and additional documents being filed, the respondent is directed to consider the Review Petition on merits and in accordance with law and to dispose of the same within a period of twelve weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of accordingly. No costs.

7. It is open to the petitioner to agitate his claim for encashment of earned leave and unearned leave and Special Provident Fund independently.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pns To The District Collector, Villupuram District, Villupuram.

+1cc to Mr.M.Ravi, Advocate, S.R.No. 23790 W.P.No.8641 of 2021 JP II(CO) GN(04/06/2021) https://hcservices.ecourts.gov.in/hcservices/