Madras High CourtWP/29950/2017disposed of

C.Thunaivendan, v. The Secretary To Government

2017-11-22Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.29950 of 2017 and WMP No.32459 of 2017 C.Thunaivendran ..

Petitioner -vs1. The Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009

2. The Principal Secretary / Commissioner for Revenue Administration, Chepauk, Chennai - 600 005

3. The District Collector, Villupuram District, Villupuram. ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue 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, Travelling allowances to the petitioner.

For Petitioner :: Mr.C.Prakasam For Respondents :: Mr.E.R.A.Premnath Government Advocate

O R D E R

With consent, the main writ petition itself is taken up for final disposal at the admission stage.

2. The petitioner has come to this Court seeking 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, Travelling allowances to the petitioner.

3. Heard the learned counsel on either side and perused the documents available on record.

3. Admittedly, when the petitioner was serving as District Adidravidar and Tribal Welfare Officer at Villupuram, he had suffered an order of suspension on 22.10.2013 on the basis of registration of a criminal case by the Vigilance and Anticorruption Department and he was also arrested and subsequently released on bail. In view of the same, he was placed under suspension by an order dated 22.10.2013. Now, the grievance of the petitioner is that he is not allowed to retire from service, although he reached the age of superannuation on 31.10.2017, on the ground of pending criminal case. Subsequently, the petitioner has given a representation on 10.10.2017 to the 2nd respondent, making a request to disburse his retirement benefits, namely, his contribution towards General Provident Fund, Special Provident fund, Encashment of earned leave and Encashment of unearned leave.

4. In view of the above, this Writ Petition is disposed of by directing the respondents to disburse the retirement benefits of the petitioner, namely, his contribution towards GPF, special Provident Fund, Encashment of Earned Leave and Encashment of unearned leave to the petitioner within a period of four weeks from the date of receipt of copy of this order. Consequently, connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ssd To

1. The Secretary to Government, Revenue Department, Fort St. George, Chennai - 600 009

2. The Principal Secretary / Commissioner for Revenue Administration, Chepauk, Chennai - 600 005

3. The District Collector, Villupuram District, Villupuram.

+1 cc to the Govt Pleader sr 83660 +1 cc to the Mr.C.Prakasam Advocate sr 83242 W.P.No.29950 of 2017 and WMP No.32459 of 2017 aa18/12/2017