K.Rajendran, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.34999 of 2019 K.Rajendran ... Petitioner Vs.

1.The Secretary to Government, Rural Development Department, Secretariat, Chennai 600 009.

2.The Director of Rural Development & Panchayatraj Department, Panagal Building, Saidapet, Chennai 600 015.

3.The District Collector, Villupuram District, Villupuram.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to sanction earned leave and unearned leave to his credit and Special Provident Fund in accordance with fundamental rule viz., 86(a)(i)(ii)(iii) to the petitioner. For Petitioner : Mr.V.Suthakar For Respondents : Mr.V.Prabhu Government Advocate

O R D E R

Mr.V.Prabhu, learned Government Advocate takes notice for respondents. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 2.This writ petition has been filed for issuance of Writ of Mandamus directing the respondents to sanction earned leave and unearned leave and to pay the appropriate monetary benefits to the petitioner.

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3.The case of the petitioner is that he was working as Personal Assistant (Noon Meal) to Collector, Villupuram District and he attained the age of superannuation on 31.03.2019. However, the petitioner was not allowed to retire from service on the ground of disciplinary proceedings pending against him. According to the petitioner, he is entitled for sanction of Earned leave and Unearned leave to his credit as per the Fundamental Rules. The petitioner is relying upon the judgments of this Court in W.P.(MD) No.7761 of 2018 and W.A.(MD).No.105 of 2019 to strengthen his claim. The petitioner has made a representation to the second respondent on 02.11.2019, seeking for the benefits. Since there is no action on the part of the second respondent, the present Writ Petition has been filed before this Court.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the second respondent to consider the representation dated 02.11.2019, made by the petitioner and pass appropriate orders strictly in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to give a fresh representation along with a copy of the representation dated 02.11.2019 and a copy of this order. 6.The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rm 2/3

To 1.The Secretary to Government, Rural Development Department, Secretariat, Chennai 600 009.

2.The Director of Rural Development & Panchayatraj Department, Panagal Building, Saidapet, Chennai 600 015.

3.The District Collector, Villupuram District, Villupuram.

+1cc to Mr.V.Suthakar Advocate, S.R.No.105261 +1cc to the Government Pleader, S.R.No.105261 W.P.No.34999 of 2019 aa03/02/2020 3/3