K.Srinivasan v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.No.15137 of 2020 K.Srinivasan ... Petitioner Vs.

2.The Revenue Divisional Officer, Udaiyarpalayam, ... Respondents 1/6

W.P.No.15138 of 2020 S.Devasikamani ... Petitioner Vs.

2.The District Revenue Officer, ... Respondents W.P.No.15139 of 2020 T. Manimozhi ... Petitioner Vs.

1.The Assistant Director of Survey of Land Records, District Collector Office, 2.The Tasildar, Jayankondan Taluk, District Collector Office, ... Respondents 2/6

C O M M O N O R D E R Heard, the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents and perused the records. 2.

In all these writ petitions, though the petitioners sought relief to direct the respondents to provide all employment and retiral benefits, the learned counsel for the petitioners would submit that the petitioners are now restricting their relief to an extent of payment of the amounts payable by the respondents towards General Provident Fund, Special Provident Fund and Earned Leave Encashment. 3.

Counter affidavits have been filed on behalf of the respondents. 4.

In an identical issue arose, this Court in W.P.No.16098 of 2015 dated 08.06.2015 held as extracted herein under:

3/6

"5. The claim of the petitioner is to disburse the General Provident Fund, contribution of the petitioner to Special Provident Fund and the Earned Leave Encashment, since these items are properties of the petitioner.

6. I am in agreement with the submission of the learned counsel for the petitioner. These items could not be denied to the petitioner, even if he is ultimately dismissed from service. Hence, a direction is issued to the first respondent to settle the General Provident Fund, the contribution of the petitioner to Special Provident Fund and the Earned Leave Encashment benefit within a period of twelve weeks from the date of receipt of a copy of this order."

5.

Having heard the submissions of the respective counsels and upon perusal of the order dated 08.06.2015 in W.P.No.16098 of 2015 passed by this Court, in my considered opinion, without going into the further merits of the case, these writ petitions can be disposed of with a direction to the respondents to settle the General Provident Fund, Special Provident Fund and Earned Leave Encashment amounts to the petitioners, within a period of four weeks from the date of receipt of copy of this order.

4/6

6.

Accordingly, these Writ Petitions are disposed of, with the following direction:

(i) The respondents are directed to settle the General Provident Fund, Special Provident Fund and Earned Leave Encashment amounts to the petitioners, within a period of four weeks from the date of receipt of copy of this order. 7.

It is made clear that the petitioners are at liberty to approach this Court for any other relief after disposal of the criminal cases pending against the petitioners.

8.

There shall be no order as to costs.

19.06.2023 Index :Yes/No AT 5/6

BATTU DEVANAND, J.

AT To 2.The Revenue Divisional Officer, Udaiyarpalayam, 3.The District Revenue Officer, 4.The Assistant Director of Survey of Land Records, District Collector Office, 5.The Tasildar, Jayankondan Taluk, District Collector Office, 19.06.2023 6/6