← Library
Madras High CourtWP/25269/2018disposed of

S. Marimuthu, v. The Principal Chief

2018-09-253 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:25.09.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition No. 25269 of 2018 S. Marimuthu

...Petitioner

Vs.

1. The Principal Chief Conservator of Forest and Head of Forest Force, Panangal Maligai, Chennai - 600 015.

2. The District Forest Officer, Nammakkal Division, Nammakkal - 637 003.

3. The District Forest Officer, Coimbatore Division, Coimbatore - 642 043.

4. The Principal Accountant General (A & E) Teynampet, Tamil Nadu, Chennai - 600 018.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents herein to forthwith sanction and disburse the encashment of surrender of earned leave and unearned leave on private affairs to the petitioner along with his contribution to any of the Funds such as GPF, SPF etc., unpaid to him till date and in any event to pay the same with interest on the delayed payment within a limited time frame.

For Petitioner : Mr. M.Ravi For Respondents 1 to 3 : Mr. R. Bala Ramesh Special Government Pleader

ORDER

Since it is stated that the issue involved in this Writ Petition is covered by a decision rendered by the Division Bench of this Court, the Writ Petition is taken up for disposal at the stage of admission without issuing notice to the fourth respondent.

2.

The petitioner has filed this Writ Petition seeking a Writ of Mandamus directing the respondents herein to forthwith sanction and disburse the encashment of surrender of earned leave and unearned leave on private affairs to him along with his contribution to any of the Funds, such as GPF, SPF etc., unpaid to him till date and in any event to pay the same with interest on the delayed payment within a time frame. 3.

At the outset, the learned counsel appearing for the petitioner submits the issue involved in this Writ Petition is squarely covered by a decision of this Court, in the case of T.L.Nageswara Rao Vs. District Collector, Tiruvallur District, in W.P.No.21750 of 2015, dated 21.07.2015, which was also affirmed by the Division Bench in W.A.No.458 of 2016, vide its judgement, dated 13.04.2016. He also produced the photostat copy of the judgment dated 13.04.2016 for reference of this Court and prays that following the said decision, the present Writ Petition may also be disposed of .

The learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 3 does not dispute the position and agreed that the issue involved in this Writ Petition is covered by the above cited decision. Thus, in the light of the afore cited decision of this Court, this Court is of the view that the present Writ Petition can be disposed of on the same lines. Accordingly, this Writ Petition stands disposed of at the stage of admission with a direction to the respondents to disburse the encashment of surrender of earned leave and unearned leave on private affairs to the petitioner along with his contribution to any of the Funds such as GPF, SPF etc., unpaid to him till date within a period of six weeks from the date of receipt of a copy of this order. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar sd To 1.The Principal Chief Conservator of Forest and Head of Forest Force, Panangal Maligai, Chennai - 600 015.

2.The District Forest Officer, Nammakkal Division, Nammakkal - 637 003.

3.The District Forest Officer, Coimbatore Division, Coimbatore - 642 043.

4.The Principal Accountant General (A & E) Teynampet, Tamil Nadu, Chennai - 600 018.

+1cc to Mr.M.Ravi, Advocate, S.R.No.66464 +1cc to the Government Pleader, S.R.No.66973 Writ Petition No. 25269 of 2018 rrs 11/10/2018