A.Seetharaman, v. Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.25910 of 2015 and M.P.No.1 of 2015 A.Seetharaman ..

Petitioner Vs.

Revenue Divisional Officer, Villupuram, Villupuram District.

..

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the respondent in his Proceedings Na.Ka.No.A1/1657/2014 dated 09.02.2015 and quash the same and direct the respondents to settle the terminal benefits to the petitioner such as Death-cum-Retirement Gratuity, encashment of earned leave, commutation of pension and Special Provident Fund.

For Petitioner :

Mr.C.Vediappan for M/s.C.S.Associates.

For Respondent :

Mr.V.Subbiah, Special Government Pleader

O R D E R

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

2. The petitioner, while working as Village Administrative Officer at Ariyalur, Thirukkai village, was arrested with regard to the commission of offences under the Prevention of Corruption Act and he was placed under suspension on 07.01.2011. While so, the petitioner reached the age of superannuation on 29.02.2012 and a separate order was passed under Fundamental Rule 56(1)(c), not permitting the petitioner to retire, but to continue beyond the age of superannuation. The grievance expressed by the petitioner is that though he is facing criminal prosecution and also departmental proceedings, he is entitled to get his contribution towards Provident Fund, Leave Encashment and it has not been paid and therefore, he submitted a representation dated 10.09.2014 requesting to settle his

terminal benefits and it was rejected, vide impugned order dated 09.02.2015 passed by the respondent on the ground that the order relied on by the petitioner has no application. The petitioner, challenging the legality of the same, came forward to file this writ petition.

3. The learned counsel appearing for the petitioner would submit that in similar facts and circumstances, this Court, vide order dated 11.02.2014 made in W.P.No.3935/2014 has directed the concerned respondents to settle the benefits to the petitioner therein and hence, prays for similar relief.

4. Heard Mr.V.Subbiah, learned Special Government Pleader, who accepts notice for the respondent.

5. This court, upon considering the rival submissions and on going through the materials placed before it, is of the view that dehors the pendency of criminal prosecution as well as departmental proceedings, the petitioner is entitled to get his contribution towards Provident Fund as well as Leave Encashment which is lying to his credit.

6. In the result, this Writ Petition is partly allowed and the impugned order in Na.Ka.No.A1/1657/2014 passed by the respondent dated 09.02.2015 is set aside and the respondent is directed to consider the claim of the petitioner for payment of his contribution towards Provident Fund as well as Encashment of Surrender Leave and Special Provident Fund, 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.

7. No costs. Consequently, connected miscellaneous petition is closed.* jvm s/d- Assistant Registrar(CS-II) dt. 04.09.2105 Corrected as per order of this court dt. 25.09.2015 and made herein True Copy s/dAssistant Registrar(CS-II) dt. 05.10.2015 Sub-Assistant Registrar

To Revenue Divisional Officer, Villupuram, To be Substituted to Villupuram District.

the order already despatched + 1 cc to M/s.C.S.Associates, Advocate SR 52723 on 21.09.2105 + 1 cc to Govt Pleader SR 52402 sv(co) prk7/9 EU 05.10.2015 W.P.No.25910 of 2015