M.Karunanithi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2022

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH and W.M.P.(MD).Nos.23628 and 23629 of 2019 M.Karunanithi ... Petitioner Vs.

The Tahsildar, Karur Taluk, Karur District.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the respondent in R.C.No.B2/5146/2009 dated 27.07.2018 quash the same and consequently direct the respondent to pay monthly pension from the date of the petitioner's retirement i.e., on 28.02.2015 and all other retirement benefits which is eligible for him with reasonable rate of interest within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.M.Xavier For Respondent : Mr.G.Suriyananth, Additional Government Pleader.

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ORDER

The petitioner herein, while serving as a Village Assistant, was implicated in criminal offences under the provisions of Prevention of Corruption Act and was convicted. The conviction came to be affirmed up to the Supreme Court. In view of the conviction, the respondent, through the impugned order dated 27.07.2018, had imposed a penalty of dismissal from service under Rule 8 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, which order is under challenge in the present Writ Petition. The consequential prayer sought for in the present Writ Petition is for payment of the monthly pension and other retirement benefits.

2. Insofar as the order of punishment of dismissal is concerned, Rule 8 of the Rules provide for dismissal of a Government servant from civil services whenever he is convicted of a criminal offence. It is not in dispute that the petitioner was found guilty and convicted by the Criminal Court, which punishment has been upheld by the Hon'ble Supreme Court. As such, I do not find any infirmity in the punishment of dismissal imposed through the impugned order.

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3. However, even in the case of dismissal, the Government employee would be entitled for certain terminal benefits such as the contribution of the Provident Fund amount made by him and the encashment of earned and unearned leave. This aspect has been reiterated in various decisions of this Court with regard to the entitlement of a Government employee, who has been dismissed from services, to receive such terminal benefits.

4. In the light of the above observations, no interference is required to the impugned order of punishment. However, there shall be a direction to the respondent herein to forthwith disburse the petitioner's EPF contributions and encashment of earned and unearned leave, together with the interest at the rate of 6% per annum, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. This Writ Petition stands partly allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 19.07.2022 Index : Yes / No Internet : Yes/ No Lm 3/5

To The Tahsildar, Karur Taluk, Karur District.

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M.S.RAMESH , J.

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