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Madras High CourtWP/25641/2023disposed of

T.Kumar v. The Principal Secretary To Government

2023-08-31Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR T.Kumar, Joint Director of Municipal Administration, (under suspension), Door No.3/100, Vivekanandar Street, M.G.Road, Alagapuram, Salem - 636 016.

... Petitioner

Versus

1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The Director of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other Writ or Direction or Order directing the 1st respondent to consider the representation of the petitioner dated 23.06.2023 for sanction and disbursement of General Provident Fund Final Settlement, Special Provident Fund, Encashment of Earned Leave and Private Affairs at the credit of the petitioner as on 30.06.2023, within a reasonable period as may be fixed by this Court. For Petitioner :

Mr.T.Ranganathan For Respondents :

Mr.P.Baladhandayutham, Special Government Pleader Page No.1 of 4

ORDER

This Writ Petition has been filed to direct the 1st respondent to consider the representation of the petitioner, dated 23.06.2023 for sanction and disbursement of General Provident Fund Final Settlement, Special Provident Fund, Encashment of Earned Leave and Private Affairs at the credit of the petitioner as on 30.06.2023.

2.The contention of the Writ Petitioner is that the petitioner was working as Joint Director of Municipal Administration and attained the age of superannuation on 30.06.2023, however, he was placed under suspension and not allowed to retire from service as per G.O.(2D) No.71, Municipal Administration and Water Supply Department, dated 30.06.2023. Now, the grievance of the petitioner is that he has not been paid with General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Private Affairs. In this regard, he has given a representation to the 1st respondent on 23.06.2023, however, the same has not been considered. 3.The learned Special Government Pleader appearing for the respondents 1 and 2 submitted that if the petitioner makes fresh representation, the same will be considered on merits and in accordance Page No.2 of 4

with law.

4.Considering the limited relief sought for in this Writ Petition, there shall be direction to the petitioner to send fresh representation to the 1st respondent, within ten days, from the date of receipt of a copy of this order. On such representation, the 1st respondent shall consider the same and pass orders on merits and in accordance with law, within a period of two months thereafter.

5.With the above direction, this Writ Petition stands disposed of. No costs.

31.08.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

N.SATHISH KUMAR , J.

Page No.3 of 4

vv2 2.The Director of Municipal Administration, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

31.08.2023 Page No.4 of 4