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Madras High CourtWP/7874/2016disposed of

K.S.Kalingaraju, v. The Treasury Officer,

2024-09-09Honourable Mrs Justice N. Mala7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA K.S.Kalingaraju ... Petitioner Vs The Treasury Officer, District Treasury, Coimbatore.

.... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing the respondent to disburse the Special Provident Fund, Encashment of Earned Leave and Encashment of Un-earned leave on private affairs and difference in extension of pay to the petitioner.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.R.Kumaravel Additional Government Pleader 1/7

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondent to disburse the Special Provident Fund, Encashment of Earned Leave and Encashment of Un-earned leave on private affairs and difference in extension of pay to the petitioner.

2. The case of the petitioner is that he was appointed as Junior Assistant in the Treasury and Accounts Department, Coimbatore on 21.04.1980 and subsequently he was promoted as Accountant in the same department in the year 1992. While he was discharging his duties as Accountant (Selection Grade) at Sub Treasury, Pollachi, Coimbatore District on 07.02.2003 he was arrested by the Vigilance and Anti Corruption Police on a false complaint. After his arrest, the respondent suspended him from service on 07.02.2003 and he had to face departmental proceedings. While so, the criminal case against him ended in his conviction by the Special Judge, Prevention of Corruption Act, 2/7

Coimbatore, which imposed punishment of two years imprisonment and a fine of Rs.4,000/- in Special C.C.No.1 of 2011 dated 23.11.2011. Against the conviction and sentence he preferred appeal before this Court and obtained order of suspension of sentence. Thereafter the respondent straight away terminated him from service on 05.03.2013, on the ground that he was convicted by the criminal court. In this connection the petitioner made several representations to the respondent including one on 27.08.2015 requesting the respondent to disburse his retirement benefits, but no order was passed. The petitioner hence filed the above writ petition for the aforesaid relief.

3. The learned counsel for the petitioner relying on the judgments of this Court in W.A.No.207 of 2016, W.P.No.29950 of 2017 and W.P.No.15457 of 2015, submitted that in view of the aforesaid judgments of this Court, the petitioner was entitled to terminal benefits.

4. The learned Additional Government Pleader expressed that he has no instructions on the status of the petitioner's representation dated 3/7

27.08.2015; and so he prayed that a direction may be issued to the respondents to dispose the petitioner's said representation. The contention of the respondents counsel though innocuous is not countenanced because I find that the prayer in the writ petition is squarely covered by the judgments of this Court in W.A.No.207 of 2016, W.P.No.29950 of 2017 and W.P.No.15457 of 2015 and particularly in the case of P.K.Panchaksharam Vs The Chiarman cum Managing Director, Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Chennai and others at para no. 6 & 7 it is held as follows:-

6. I am in agreement with the submissions made by the learned counsel for the petitioner. As rightly contended by the learned counsel for the petitioner, payment of Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs are concerned, the department cannot withhold the same, as those are the properties of the workman.

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 4/7

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. Therefore following the aforesaid judgment of this Court, a direction is issued to the respondent to disburse the Special Provident Fund, Encashment of Earned Leave and Encashment of Un-earned leave on private affairs and difference in extension of pay to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 09.09.2024 dpq (1⁄2) Index: Yes/No Speaking order / Non speaking order 5/7

N. MALA,J.

dpq (1⁄2) 6/7

09.09.2024 7/7