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Madras High CourtWP(MD)/5099/2020disposed of

G.Poongavanam v. The Chairman

2023-01-05Honourable Mr Justice M.Dhandapani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)Nos.4450, 4452 of 2020 and 12887 of 2021 G.Poogavanan ... Petitioner Vs.

1. The Chairman, Gandhigram Institute of Rural Health and Family Welfare Trust, Gandhigram, Dindigul District - 624 302.

2. The Director, Gandhigram Institute of Rural Health and Family Welfare Trust, Gandhigram, Dindigul District - 624 302.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent in

GIRH/ESTT/2019-2020/0727 dated 12.12.2019 and GIRH/ESTT/2019-20/0932, dated 15.02.2020, quash the same and consequently, direct the respondents to disburse the surrender leave salary, earned leave salary and unearned leave salary benefits based on the representation of the petitioner dated 12.02.2020. For Petitioner :

Mr.S.Ramsundarvijayraj For Respondents :

Mrs.K.Christy Theboral Addl. Government Pleader for R1 Mr.V.Karthikeyan for R2

O R D E R

This Writ Petition has been filed to call for the records of the impugned orders in GIRH/ESTT/2019-2020/0727, dated 12.12.2019 and GIRH/ESTT/2019-20/0932, dated 15.02.2020, passed by the first respondent, quash the same and consequently, direct the respondents to disburse the surrender leave salary, earned leave salary and unearned leave salary benefits, based on the representation of the petitioner, dated 12.02.2020.

2. The case of the petitioner is that the petitioner is a retired employee of the respondent University as Upper Division Clerk. However, he was not disbursed with surrender leave salary, earned leave salary and unearned leave salary. Hence, the petitioner has submitted a representation on 12.12.2020 and the same was rejected, vide impugned order, dated 15.02.2020 on the ground that the first respondent is not able to get financial assistance from the Central Government. Challenging the same, the present Writ Petition,

3. The learned counsel appearing for the petitioner would submit that though the present impugned order was passed on 15.02.2020 on the ground that there was no financial assistance received from the Central Government. Even after three years, the respondents are not justified in stating that they did not receive grant-in-aid from the Central Government and the petitioner's request was rejected on the financial implication and not on the ground of entitlement. Hence, this Court may fix the outer time limit to grant benefits to the petitioner.

4. The learned counsel for the petitioner would further submit that though the impugned order was passed in the year 2020, even today, the respondents stating that there is no financial assistance from the Central Government, refused to pay the amount to the petitioner. Further, the learned counsel has produced the copy of the Audit Report, dated 27.06.2022 before this Court. On perusal of the same, it shows that the Director of Gandhigram Institute of Rural Health and Family Welfare Trust received excess pay of Rs.15,54,892/- (Rupees Fifteen Lakhs Fifty Four Thousand Eight Hundred and Ninety Two only), whereas, they refused to grant the legitimate amount to the petitioner, which is not sustainable one.

5. The learned counsel appearing for the second respondent would submit that as soon as the respondents receive the grant-in-aid from the Central Government, the amount will be disbursed in favour of the petitioner.

6. Heard the learned counsel appearing for the parties and perused the materials placed before this Court.

7. A perusal of the Audit Report, dated 27.06.2022, reveals that there was an allegation against the Director of Gandhigram Institute of Rural Health and Family Welfare Trust, as if she has been receiving excess pay of Rs.15,54,892/- (Rupees Fifteen Lakhs Fifty Four Thousand Eight Hundred and Ninety Two only), from the grant in 2021. However, the respondents refused to pay the legitimate amount to the petitioner, which is not sustainable one. Hence, the first respondent is directed to disburse the eligible amount to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 05.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Chairman, Gandhigram Institute of Rural Health and Family Welfare Trust, Gandhigram, Dindigul District - 624 302.

2. The Director, Gandhigram Institute of Rural Health and Family Welfare Trust, Gandhigram, Dindigul District - 624 302.

M.DHANDAPANI,J.

vji and W.M.P.(MD)Nos.4450, 4452 of 2020 and 12887 of 2021 05.01.2023