Pushpavalli V v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR V.Pushpavalli ... Petitioner Vs.

1.The District Revenue Officer, Tiruchirapalli District, Tiruchirapalli.

2.The Revenue Divisional Officer, Musiri Division, Musiri, 3.The Tahsildar, Musiri Taluk,

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent i.e., the District Revenue Officer, Tiruchirapalli District, Tiruchirapalli for taking necessary action for disbursement of General Provident Fund, Special Provident Fund No.I & II and Encashment of Leave Salary to the petitioner within a specified time frame that may be fixed by this Court. For Petitioner :

Mr.S.Visvalingam For Respondents :

Mr.A.K.Manikkam, Standing Counsel for State.

O R D E R

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the first respondent, the District Revenue Officer, Tiruchirapalli District, Tiruchirapalli for taking necessary action for disbursement of General Provident Fund, Special Provident Fund No.I & II and Encashment of Leave Salary to the petitioner within a specified time fixed by this Court.

2. According to the writ petitioner, he was serving as Firka Revenue Inspector, Thumbalam Village, Musiri Taluk, Tiruchirapalli and his date of superannuation was 30.06.2016 . However, he was not allowed to retire and placed under suspension in view of the pendency of the vigilance and anti corruption case in Crime No.5/2004 under Section 7 of Vigilance and Anti Corruption Act, 1988 1/3

before the Criminal Court. Therefore, the petitioner made a representation dated 20.03.2021 to the respondents to pay General Provident Fund, Special Provident Fund No.I & II and Encashment of Leave Salary and the aforesaid representation is still pending and no orders have been passed. Hence, he has filed the present Writ Petiton before this Court.

3. The learned counsel for the petitioner would submit that the petitioner is entitled for the payment of the aforesaid benefits in the light of the decision of this Court in "W.P.(MD)No.14535 of 2021 dated 16.08.2021, N. Dhasaratharaman vs. The District Collector".

4. The learned Government Pleader appearing for the respondents would submit that the petitioner's representation will be considered in the light the decision cited supra and the authorities will pass appropriate orders.

5. In view of the submissions made by the parties, this Court is inclined to direct the first respondent, the District Revenue Officer to consider the petitioner's representation dated 20.03.2021 on merits and in accordance with law and pass orders as expeditiously as possible within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Revenue Officer, Tiruchirapalli District, Tiruchirapalli.

2.The Revenue Divisional Officer, Musiri Division, Musiri, 2/3

3.The Tahsildar, Musiri Taluk, +1 CC to M/s.S.VISVALINGAM, Advocate (SR-28762[F] dated 09/09/2021) W.P.(MD).No.15802 of 2021 07.09.2021 RK (04.10.2021) 3P 5C 3/3