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Madras High CourtWP/29278/2015disposed of

C.Ekambaram, v. The Assistant Director Of

2015-09-16Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.29278 of 2015 C.Ekambaram ..

Petitioner Vs.

The Assistant Director of Survey and Land Records, Chennai - 1.

..

Respondent Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of mandamus directing the respondent to disburse the gratuity, SPF, leave encashment benefits and leave encashment on private affairs to the petitioner. For Petitioner ..

Mr.C.Prakasam For Respondent ..

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 an Assistant in the office of Assistant Director of Survey and Land Records, Collectorate, Chennai, was arrested and remanded to judicial custody for the alleged commission of the offence punishable under the provisions of the Prevention of Corruption Act and he was placed under deemed suspension by the order of the respondent dated 20.05.2010. As the petitioner has reached the age of superannuation on 30.04.2012, a separate order dated 26.04.2012 was passed by the respondent in terms of F.R. 56 (iii) of the Fundamental Rules to retain him in service. 3.The grievance expressed by the petitioner is that though his services have been retained beyond the age of superannuation, his entitlement such as encashment of earned leave, unearned leave on private affairs and special provident fund have not been disbursed to him and in this regard, he has submitted a representation dated 02.09.2015 to the respondent and since no orders have been passed, came forward to file this writ petition.

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4.Learned counsel appearing for the petitioner has drawn the attention of this Court to the order dated 02.06.2015 made in W.P.No.15457 of 2015 and would submit that in similar facts and circumstances, this Court has directed the concerned official respondents therein to disburse the encashment of earned leave, unearned leave on private affairs and special provident fund, if any, to the petitioner therein and prays for appropriate orders. 5.The Court heard the submissions of Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of the respondent.

6.Though the petitioner prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the respondent to consider and dispose of the petitioner's representation dated 02.09.2015 on merits and in accordance with law, with regard to the prayer made by him for disbursal of encashment of earned leave, unearned leave on private affairs and special provident fund, if there is any contribution made by the petitioner, within a period of four 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 IV ) /true copy/ Sub Asst. Registrar mmi To The Assistant Director of Survey and Land Records, Chennai - 1.

+1 cc to M/s.C.Prakasam, Advocate, sr.51035 +1 cc to Government Pleader, sr.50946 W.P.No.29278 of 2015 rsk co kra 25/09 https://hcservices.ecourts.gov.in/hcservices/