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Madras High CourtWP/20014/2020disposed of

R.Sundar Bhaskar v. The Additional Chief Secretary To Government,

2021-08-11Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.NO.20014 OF 2020 (Through Video Conferencing) R.Sundar Bhaskar ... Petitioner .Vs.

1. The Additional Chief Secretary to Government, Rural Development and Panchayat Raj (E2) Department, Secretariat, Chennai - 600 009.

2. The Collector, Krishnagiri District.

3. The Director Rural Development & Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 03.07.2020 and pass orders thereon by releasing payments due to the petitioner towards General Provident Fund, Statutory Provident Fund and Encashment of Leave.

For Petitioner : Mr.Adithya Reddy For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate

ORDER

The petitioner has filed this writ petition to direct the respondents to consider the petitioner's representation dated 03.07.2020 and pass orders thereon by releasing payments due to the petitioner towards General Provident Fund, Statutory Provident Fund and Encashment of Level.

2. It is the case of the petitioner that on the date of retirement i.e, 30.11.2019, the disciplinary proceedings was initiated and he was allowed to retire without prejudice to disciplinary proceedings.

3. In the counter filed by the 2nd respondent, it is stated that the petitioner has already been paid 90% of the Special Provident Fund (S.P.F) and General Provident Fund (G.P.F), UnEarned Leave (U.E.L) and Earned leave (E.L) has been retained due to the pending disciplinary proceedings. The petitioner's representation is dated 03.07.2020. Almost 13 months has lapsed since then.

4. Considering the same, I direct the respondents to pass appropriate orders for releasing the balance 10% of Special Provident Fund, General Provident Fund, Un-Earned Leave and Earned Leave within a period of 45 days from the date of receipt of a copy of this order.

5. Writ Petition stands disposed of with the above observations. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jas To

1. The Additional Chief Secretary to Government, Rural Development and Panchayat Raj (E2) Department, Secretariat, Chennai - 600 009.

2. The Collector, Krishnagiri District.

3. The Director Rural Development & Panchayat Raj, Panagal Building, Saidapet, Chennai - 600 015.

+1cc to the Government Pleader, S.R.No.40062 W.P.NO.20014 OF 2020 KSM(CO) PBS/02/09/2021