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Madras High CourtWP/24713/2017disposed of

R.Sadasivan v. The Sub Collector/Revenue

2018-06-07Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.06.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P. No.24713 of 2017 R.Sadasivan ... Petitioner Vs.

The Sub Collector/ Revenue Divisional Officer, Gobichettipalayam, Erode District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to disburse the Special Provident Fund, Encashment of Earned Leave and Encashment of Un-earned Leave on private affairs to the petitioner.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.N.Srinivasan, Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking a direction to the respondent to disburse his Special Provident Fund, Encashment of Earned Leave and Encashment of Un-earned Leave on private affairs.

2.The petitioner was appointed as Village Administrative Officer in the Department of Revenue in the year 1984. While so, he was arrested by the Vigilance and Anti Corruption Police. According to the petitioner, the respondent suspended him from service on 18.09.2003 and as per the order of this Court, he was reinstated into service on 12.02.2005. However, on 04.01.2012, he was imposed with punishment by the Chief Judicial Magistrate/Special Court for Anti-Corruption, Coimbatore. Aggrieved over the same, he approached this Court and obtained an order of suspension of sentence. According to him, after

knowing the fact that he has been convicted, the respondent herein passed an order dismissing him from service on 08.02.2012. The grievance of the petitioner is that though he made a representation on 26.09.2016 seeking retirement benefits like Special Provident Fund, Encashment of Earned Leave and Encashment of Un-earned Leave on private affairs, the same has not been considered till date.

3.Learned counsel for the petitioner would submit that in a similar circumstance, the Division Bench of this Court in W.A. No.207 of 2016 has passed an order dismissing the appeal preferred by the Tamil Nadu Electricity Board wherein in para 4, this Court has held as follows:

"4.The learned Single Judge, considering all aspects of the matter, held that the petitioner was having earned leave and unearned leave on private affairs before initiation of the case and as such, he is entitled to encashment of earned leave and unearned leave on private affairs. The claim of gratuity was given up by the employee/writ petitioner on the ground that in the event of conviction and dismissal of service, the writ petitioner may not be entitled to get gratuity. The Special Provident Fund was also not granted as the writ petitioner failed to establish any contribution made by him. While disposing of the writ petition, a direction was made to the appellants herein to disburse encashment of earned leave and encashment of unearned leave on private affairs. In respect of special provident fund, it was held that if any contribution was made by the writ petitioner, the same can be paid to the petitioner."

As against which the said Tamil Nadu Electricity Board had preferred an S.L.P. before the Apex Court which was dismissed. Thereafter, though the petitioner made a request to disburse the amount due relating to encashment of earned leave and unearned leave, the respondent has not come forward to pass any order. Hence, the learned counsel for the petitioner seeks direction to the respondent to consider the representation made by the petitioner.

4.Considering the above said fact especially the order passed by this Court in the Writ Petition in W.P. No.15457 of 2015 which has been confirmed in the W.A. No.207 of 2016, this writ petition is disposed of with a direction to the respondent

to consider the representation dated 26.09.2016 made by the petitioner within a period of four weeks from the date of receipt of a copy of this order, keeping in mind the judgment dated 26.02.2016 passed by the Division Bench of this Court in the aforesaid W.A. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Sub Collector/ Revenue Divisional Officer, Gobichettipalayam, Erode District.

2.The Chief Judicial Magistrate/ Special Court for Anti Corruption, Coimbatore.

+1cc to Mr.C.Prakasam, Advocate Sr.35797 W.P. No.24713 of 2017 na[co] srg 20/06/2018