Madras High CourtWP/28541/2017dismissed

A.Asokan, v. State Of Tamil Nadu,

2017-11-08Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.28541 of 2017 and WMP.No.30675 of 2017 A.Asokan ..

Petitioner -vs1. State of Tamil Nadu rep.by its Secretary to Government Revenue and Disaster Management Department Secretariat Chennai 600 009

2. Principal Secretary/Commissioner of Revenue Administration Chepauk Chennai 600 005

3. District Collector Nagapattinam District, Nagapattinam

4. District Collector Thiruvarur District Thiruvarur ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the first respondent in G.O.(2D) No.284, Revenue and Disaster Management Department dated 26.09.2017 and G.O.(2D) No.287, Revenue and Disaster Management Department dated 28.09.2017 and quash the same and direct the respondents to settle all the terminal and pensionary benefits allowing the petitioner to retire from service and confer all the consequential benefits. For Petitioner :: Mr.P.Ganesan for M/s.C.S.Associates For Respondents:: Mr.P.Sanjay Gandhi Additional Government Pleader

ORDER

This Court is not inclined to entertain the writ petition, since the petitioner has been retained in service in view of the pendency of the criminal case registered against him vide the https://hcservices.ecourts.gov.in/hcservices/

First Information Report dated 12.10.2015 for the offence under Sections 468, 471, 477A & 409 of IPC read with Section 13(2) and 13(1)(c) of the Prevention of Corruption Act on the file of the Vigilance and Anti-Corruption Department, Nagapattinam. However, the learned counsel for the petitioner, restricting his claim, requested this Court to direct the respondents to disburse a part of the retiral benefits of the petitioner, namely, his contribution to the General Provident Fund, Special Provident Fund and encashment of earned leave.

2. While dismissing this writ petition, the petitioner is permitted to make a representation to the respondents seeking the aforementioned retiral benefits within one week from the date of receipt of a copy of this order and if such a representation is made, the respondents are directed to consider and disburse the petitioner's contribution towards General Provident Fund, Special Provident Fund and encashment of earned leave within a period of four weeks thereafter. Consequently, W.M.P.No.30675 of 2017 is also dismissed. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ss To

1. The Secretary to Government Revenue and Disaster Management Department Secretariat Chennai 600 009

2. The Principal Secretary/Commissioner of Revenue Administration Chepauk Chennai 600 005

3. The District Collector Nagapattinam District Nagapattinam

4. The District Collector Thiruvarur District, Thiruvarur +1cc to Mr.P.Ganesan, Advocate for M/s.C.S.Associates, SR.No.79086/2017 +1cc to Government Pleader Sr.No.79314/2017 W.P.No.28541 of 2017 sm:27.11.2017 https://hcservices.ecourts.gov.in/hcservices/