← Library
Madras High CourtWP/23621/2015disposed of

M.Kalaivani v. Inspector General Of

2015-08-04Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.23621 of 2015 M.Kalaivani ... Petitioner Vs.

1.Inspector General of Registration Santhome High Road, Chennai.

2.The District Registrar Registration Department Krishnagiri ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to disburse the terminal benefits viz, Special Provident Fund, Leave encashment and provisional pension within a stipulated period as fixed by this Hon'ble Court.

For Petitioner : Mr.R.Ezhilarasan For Respondents : Mr.R.Vijayakumar Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner Sub Registrar, Palacode, Dharmapuri Registration Department was trapped and arrested on 30.12.2009 and subsequently, she is charged for the commission of offence under Section 7 and 12 of the Prevention of Corruption Act, 1988 in Crime No.13/AC/2008 and vide order dated 31.12.2008 passed by the first respondent was placed under suspension and as per the order of the first respondent dated 26.02.2013, she was not allowed to retire from service. The petitioner came forward to file this writ petition praying for disbursement of terminal benefits such as Special Provident Fund, Leave Encashment and provisional pension.

3.The learned counsel appearing for the petitioner would submit that in the light of the judgment rendered by the Hon'ble Supreme Court in (2013) 12 Supreme Court Cases 210 (State of Jharkhand and https://hcservices.ecourts.gov.in/hcservices/

others versus Jitendra Kumar Srivastava and another) coupled with the order dated 06.04.2015 made in W.P.No.9882 of 2015 (R.Sakthi Versus The Director of Survey and Land Records and another), the petitioner is entitled to the said relief.

4.Per contra, Mr.R.Vijayakumar, learned Additional Government Pleader who accepts notice on behalf of the respondents would submit that the petitioner has not even submitted a representation and as and when she submits such a representation, it may be considered by the respondents.

5.Though the petitioner prayed for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the same permits the petitioner to submit a representation praying for disbursement of General Provident Fund, Special Provident Fund and Leave Encashment to him within a period of two weeks from the date of receipt of a copy of this order and the respondents on receipt of the same is directed to consider the same, in accordance with law after taking into consideration the judgment rendered in (2013) 12 Supreme Court Cases 210 (State of Jharkhand and others versus Jitendra Kumar Srivastava and another) and pass orders within a period of twelve weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar pri To 1.Inspector General of Registration Santhome High Road, Chennai.

2.The District Registrar Registration Department Krishnagiri 1 cc to Mr. R.Ezhilarasan , Advocate Sr.No.40072 1 cc to Government Pleader.Sr.No.40381 W.P.No.23621 of 2015 rsi(co) pmk.21.8.2015 https://hcservices.ecourts.gov.in/hcservices/