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Madras High CourtWP(MD)/9914/2019disposed of

P.S.Ponnangan, v. The Commissioner Of Revenue

2019-04-25Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.9914 of 2019 P.S.Ponnangan ... Petitioner vs.

1.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Madurai District, Collectorate, Madurai - 625 020.

3.The Revenue Divisional Officer, Madurai Division, 4.The Thasildar, Vadipatti Taluk, Taluk Office, Vadipatti, Madurai District - 625 218.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the terminal monetary benefits of gratuity, provident funds, leave salary, arrears of subsistence allowance and all other consequential monetary benefits by considering the petitioners representation dated 28.01.2019.

For Petitioner : Mr.B.Rooban For Respondents : Mr.S.Angappan Government Advocate

ORDER

The Writ Petition is filed seeking a direction to the respondents to disburse the terminal monetary benefits of gratuity, provident funds, leave salary, arrears of subsistence allowance and all other consequential monetary benefits by considering the petitioner's representation, dated 28.01.2019.

2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents. By consent, the Writ Petition is taken up for disposal at the stage of admission itself.

3. According to the petitioner, he was dismissed from service by the third respondent on 29.06.2018 for having been convicted in a criminal case and hence, gratuity, provident funds, leave salary, arrears of subsistence allowance and all other consequential monetary benefits payable to the petitioner still remain unsettled, which ultimately resulted in filing of the present writ petition.

4. The learned Counsel for the petitioner submitted that this Court had, in a number of cases, directed the authorities to settle such benefits, even if an employee suffered a dismissal order and one such a case is W.P.(MD)Nos.979 and 980 of 2016, wherein this Court had, by order dated 19.01.2016, issued directions as stated above. Such a submission is not seriously objected to, by the learned Government Advocate, appearing for the respondents.

5. In view of the decision cited supra, this Court directs the respondents to disburse gratuity, provident funds, leave salary, arrears of subsistence allowance and all other consequential monetary benefits which the petitioner is entitled to, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Madurai District,

3.The Revenue Divisional Officer, Madurai Division, 4.The Thasildar, Vadipatti Taluk, Taluk Office, Vadipatti, Madurai District - 625 218.

+1cc to Mr.B.ROOBAN, Advocate, SR.No.62481 W.P(MD)No.9914 of 2019 25.04.2019 SSL KK/SAR/23.05.2019/ 3P- 6C