Madras High CourtWP/17512/2020disposed of

P.Mani v. The District Collector

2022-03-21Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.17512 of 2020 P.Mani .. Petitioner vs.

1.The District Collector, Perambalur District.

2.The Revenue Divisional Officer, Perambalur District.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents herein to disburse the Encashment Leave Salary, Special Provident Fund and Gratuity as per the petitioner's representation dated 20.12.2019 following the 2nd respondent's memo dated 24.01.2020 in Oo.Mu.Aa.1/5331/2019 based on the earlier order of this Court in W.A.(MD)No.105 of 2019, W.P.No.14375 of 2018 and W.P.No.16098 of 2015, W.P.(MD)No.1484 of 2016 and W.P.(MD)No.1179 of 2017.

For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mr.A.M.Ayyadurai, Government Advocate

O R D E R

The prayer in the writ petition is for a Mandamus directing the respondents to disburse the Encashment Leave Salary, Special Provident Fund and Gratuity based on the petitioner's representation dated 20.12.2019, following the second respondent's memo dated 24.01.2020 in Oo.Mu.Aa.1/5331/2019, based on the earlier order of this Court in W.A.(MD)No.105 of 2019, W.P.No.14375 of 2018 and W.P.No.16098 of 2015, W.P.(MD) No.1484 of 2016 and W.P.(MD)No.1179 of 2017.

2. It is the case of the petitioner the Vigilance Case registered against the petitioner in Crime No.11 of 2008 for the alleged offence under Sections 7 and 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act, has ended in conviction and https://hcservices.ecourts.gov.in/hcservices/

sentence, vide judgment dated 11.10.2018 in Spl.C.C.No.01/2009 by the Principal District Court, Perambalur and therefore, the petitioner has made a representation dated 24.01.2020 seeking disbursal of Encashment of Leave Salary, Special Provident Fund and Gratuity, following the earlier orders of this Court, but so far no order has been passed and therefore, the petitioner has filed the present writ petition.

3. Considering the limited scope of prayer sought for by the petitioner, this Court directs the respondents to disburse the Encashment Leave Salary, Special Provident Fund and Gratuity based on the petitioner's representation dated 20.12.2019, following the earlier order of this Court in W.A.(MD)No.105 of 2019, W.P.No.14375 of 2018 and W.P.No.16098 of 2015, W.P.(MD) No.1484 of 2016 and W.P.(MD)No.1179 of 2017, if the petitioner is otherwise eligible and pass appropriate orders as expeditiously as possible within a period of twelve weeks from the date of receipt of a copy of this order.

4. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Jvm To

1. The District Collector, Perambalur District.

2. The Revenue Divisional Officer, Perambalur District.

W.P.No.17512 of 2020 MT(CO) CT 01/04/2022 https://hcservices.ecourts.gov.in/hcservices/