A.Selvaraj v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2015

CORAM:

THE HON'BLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.22375 of 2015 A.Selvaraj .. Petitioner vs.

The Revenue Divisional Officer-cum Sub Collector, Hosur, Krishnagiri District.

.. Respondent PRAYER : Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondent to disburse the Earned Leave Encashment Salary within a stipulated period.

For Petitioner :

Mr.R.Ezhilarasan For Respondents :

Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice for the respondent.

2. The petitioner was working as Village Administrative Officer. He was suspended from service on 28.01.2009 and he was not allowed to retire from service by invoking Rule 56(1)(c) of the Fundamental Rules pending criminal case. In those circumstances, the petitioner has filed this writ petition seeking for a direction to the respondent to disburse Earned Leave Encashment Salary to him.

3. The learned counsel for the petitioner submitted that even if the petitioner is ultimately dismissed from service, the petitioner is entitled to Earned Leave Encashment benefits, as the same is his property.

4. Considering the narrow prayer, this writ petition is disposed of with a direction to the respondent to settle the Earned Leave Encashment benefits to the petitioner, if not already paid, https://hcservices.ecourts.gov.in/hcservices/

within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar gg To The Revenue Divisional Officer-cum Sub Collector, Hosur, Krishnagiri District.

1 cc to Mr.R. Ezhilarasan, Advocate, sr. 37832 1 cc to Government Pleader, Sr. 38041 W.P.No.22375 of 2015 RV (CO) kk 8/8 https://hcservices.ecourts.gov.in/hcservices/