Madras High CourtWP/25106/2015disposed of

A.Arunachalam, v. The Prinicipal Secretary To

2015-08-13Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25106 of 2015 A.Arunachalam ..

Petitioner Vs 1.The Principal Secretary to Government, Revenue (Ser 2(1)) Department, Fort St. George, Chennai - 9.

2.The Commissioner for Revenue Administration, Chepauk, Chennai - 5.

3.The District Collector, Nagapattinam District, Nagapattinam.

Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of mandamus directing the respondents to disburse the General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on private affairs to the petitioner.

For Petitioner ..

Mr.C.Prakasam For Respondents ..

Mr.V.Subbiah, Spl. Govt. Pleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner, while working as Deputy Collector, Nagapattinam Collectorate, was placed under suspension on 28.03.2011, alleging that he possessed assets disproportionate to the known sources of income. The petitioner was prosecuted for the commission of offences under the provisions of The Prevention of Corruption Act, 1988. Though the petitioner has attained the age of superannuation on 31.03.2011, he was not allowed to retire and his services were

retained beyond the age of superannuation. The petitioner has submitted a representation praying for disbursement of General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on private affairs and since it has not been given disposal, came forward to file this writ petition. 3.Mr.C.Prakasam, learned counsel appearing for the petitioner would contend that de hors the pendency of the criminal case as well as the departmental proceedings, there cannot be any impediment on the part of the respondents to disburse the said benefits and also drawn the attention of this Court to the order dated 02.06.2015 made in W.P. No.15457 of 2015 and prays for similar relief. 4.Heard the submissions of Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondents. 5.This Court in the above order made in W.P.No.15457 of 2015, has held as under:

"6.I am in agreement with the submissions made by the learned counsel for the petitioner. As rightly contended by the learned counsel for the petitioner, payment of Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs are concerned, the department cannot withhold the same, as those are the properties of the workman.

7.In view of the same, a direction is issued to the respondents to disburse Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs. As far as Special Provident Fund is concerned, the respondents are directed to refund the same, if there is any contribution made by the petitioner. If petitioner has contributed towards other terminal benefits, the extent to the contribution made by the petitioner shall also be paid. The respondents are directed to disburse the aforesaid amount, within a period of six weeks from the date of receipt of a copy of this order.

The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed." 6.Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances, directs the respondents to consider and dispose of the petitioner's representation dated 27.07.2015 on merits and in accordance with law, after taking note of the above cited order, and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the

decision taken to the petitioner. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar mmi To 1.The Principal Secretary to Government, Revenue (Ser 2(1)) Department, Fort St. George, Chennai - 9.

2.The Commissioner for Revenue Administration, Chepauk, Chennai - 5.

3.The District Collector, Nagapattinam District, Nagapattinam.

+1 cc to M/s.C.Prakasam, Advocate, sr.42852 +1 cc to Govt.Pleader, Advocate, sr.42775 W.P.No.25106 of 2015 rsi(co) kra(2/9)