G.Muniyammal v. The Commissioner Of Social

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22-08-2017

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.5 of 2016 G.Muniyammal ..

Petitioner vs.

1.The Commissioner of Social Welfare, Old SIDCO Campus, Thiru Vi Ka Industrial Estate, Guindy, Chennai-32.

2.The District Social Welfare Officer, Collectorate, Thiruvannamalai.

3.The Block Development Officer, Cheyyar, Thiruvannamalai District.

..

Respondents This Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to disburse the Gratuity, General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs to the petitioner.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.K.Dhananjayan, Special Government Pleader.

O R D E R

The relief sought for in this writ petition is for a direction to direct the respondents to disburse the Gratuity, General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs to the writ petitioner.

2. The learned counsel appearing for the writ petitioner submits that the writ petitioner was appointed as Palvadi Organiser in the year 1979 and subsequently, the writ petitioner was promoted to the post of Supervisor in the Noon Meal Scheme in the year 1995. Thereafter, the writ petitioner was promoted to the post of Junior Assistant in the District Social Welfare Office and was promoted to the post of Rural Welfare Officer under the Panchayat Union.

3. When the writ petitioner was holding the post of Rural Welfare Officer, on account of certain allegations regarding the illegal gratification, a criminal cased was registered against the writ petitioner by the Vigilance and Anti-Corruption Department and accordingly, she was placed under suspension in proceedings dated 29.9.2010. Both the departmental disciplinary proceedings as well as the criminal case, are pending against the writ petitioner. While-so, the writ petitioner was due to retire from service on 15.5.2014 and the first respondent issued an order, not allowing the writ petitioner to retire from service and retained her services for the purpose of continuing the departmental disciplinary proceedings. In this regard, the terminal and retirement benefits due to the writ petitioner has not been settled.

4. The learned counsel for the writ petitioner submitted that though the prayer sought for in this writ petition is at large in nature, she is eligible to get the portion of her contribution in respect of Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave.

5.

The learned Additional Advocate General Mr.K.Venkataramani, while assisting the Court, also informed that the personal contribution of the employee, who is placed under suspension i.e., Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave shall be settled by the Competent Authorities, even during the pendency of the disciplinary proceedings.

6. In this regard, the learned counsel for the writ petitioner urged this Court in respect of the order passed in W.P.No.15457 of 2015 on 2.6.2015, paragraph-7 of the order is extracted as under:-

"7. In view of the same, a direction is issued to the respondents to disburse Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs. As far as Special Provident Fund is concerned, the respondents are directed to refund the same, if there is any contribution made by the petitioner. If petitioner has contributed towards other terminal benefits, the extent to the contribution made by the petitioner shall also be paid. The respondents are directed to disburse the aforesaid amount, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed."

7. The abovesaid order was taken by way of an appeal before the Hon'ble Division Bench in W.A.No.207 of 2016 and the order passed in that writ petition was confirmed and the Writ Appeal was dismissed. The State preferred SLP (C) No.016229 of 2016 and the same was also dismissed on 6.7.2017.

8. Thus, the respondents are directed to disburse the personal contribution of the writ petitioner, including Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave as early as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order.

9. Accordingly, the wit petition stands allowed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar Svn

To 1.The Commissioner of Social Welfare, Old SIDCO Campus, Thiru Vi Ka Industrial Estate, Guindy, Chennai-32.

2.The District Social Welfare Officer, Collectorate, Thiruvannamalai.

3.The Block Development Officer, Cheyyar, Thiruvannamalai District.

+1 cc to M/s.C.Prakasam Advocate sr 60808 +1 cc to the Government Pleader sr 61088 WP No.5 of 2016 kj(co) aa13/09/2017