M.R. Athimoolam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2019
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI M.R.Athimoolam ... Petitioner Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Aruppukottai, 3.The Tahsildar, Thiruchuli Taluk, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the Special Provident Fund, encashment of earned leave and encashment of unearned leave and other entitled allowances and benefits to the petitioner based on his representation, dated 20.05.2019 within the time stipulated by this Court.
For Petitioner : Mr.N.Anandakumar For Respondents : Mr.C.Ramar, Additional Government Pleader
ORDER
This writ petition is filed seeking for a mandamus directing the Respondents to disburse the Special Provident Fund, encashment of earned leave and encashment of unearned leave and other benefits to the petitioner based on his representation, dated 20.05.2019.
2. Mr.C.Ramar, learned Additional Government Pleader takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself.
3. The petitioner was appointed as Village Administrative Officer in the year 1982 and he was served upto 2012. His actual 1/3
date of superannuation is on 31.05.2015 and he was not permitted to retire from service on the date of superannuation on the ground that the chargememo issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, is pending before the Vigilance and Anti Corruption Cases Court, Srivilliputhur. Due to the age factor, he is suffering from illness and his wife is also aged about 60 years. Therefore, the petitioner has made a representation to the respondents on 20.05.2019 seeking Special Provident Fund with interest, encashment of Earned Leave and Unearned Leave and other benefits, but they have not passed any orders on the representation sofar. Hence, the petitioner has come out with the present writ petition.
4. The learned counsel appearing for the petitioner relied on the order of this Court, dated 23.03.2018 made in W.PNo.6807 of 2018.
5. Considering the facts and circumstances of the case and also considering the submission of the learned counsel for the petitioner, it is suffice to direct the respondents to consider the representation of the petitioner, dated 20.05.2019 and pass orders on merits and in accordance with law, as expeditiously as possible.
6.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) am To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Revenue Divisional Officer, Aruppukottai, 2/3
3.The Tahsildar, Thiruchuli Taluk, +1 CC to M/s.N.ANANDA KUMAR, Advocate ( SR-90415[F] dated 30/09/2019 ) +1 CC to M/s.SPL GP ( SR-90902[F] dated 01/10/2019 ) 30.09.2019 KM/(17.10.2019) 3P 6C 3/3