Madras High CourtWP(MD)/10329/2017disposed of

P.Subburaj, v. The District Collector,

2019-02-18Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE. R.MAHADEVAN W.P.[MD].No.10329 of 2019 P.Subburaj : Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul District, Dindigul.

: Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of mandamus, directing the respondents to disburse Gratuity, General Provident Fund, Special Provident Fund and Encashment of Earned & Unearned leave to the petitioner based on representation dated 03.04.2017 within a time frame fixed by this Honble Court For Petitioner : Mr.B.Saravanan For Respondents : Mr.S.Angappan, Government Advocate

ORDER

This Writ Petition has been filed seeking for a direction to the respondents to disburse Gratuity, General Provident Fund, Special Provident Fund and Encashment of Earned and Unearned leave to the petitioner based on his representation dated 03.04.2017. 2.According to the petitioner he was dismissed from service by the 2nd respondent on 24.02.2015, for having been convicted in a criminal case and hence, Gratuity, General Provident Fund, Special Provident Fund and Encashment of Earned and Unearned leave payable to the petitioner still remain unsettled, which ultimately resulted in filing of the present writ petition.

3.The learned Counsel 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 WP(MD)Nos.979 and 980 of 2016, wherein this Court had, by order dated 19.01.2016, issued directions as stated above and such a submission is not seriously objected to, by the learned Government Advocate.

4.In view of the decision cited supra, this Court directs the respondents to disburse Gratuity, General Provident Fund, Special Provident Fund and Encashment of Earned and Unearned leave to petitioner, which he is entitled to, within a period of eight weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(cs-III) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul District, Dindigul.

+1cc to Mr.B.Saravanan, Advocate, SR.No.48318 +1cc to Special Government Pleader, SR.No.48150 W.P.[MD].No.10329 of 2017 18.02.2019 SP/27.03.2019/ 2P/5C https://hcservices.ecourts.gov.in/hcservices/