BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2024 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD).No.21987 of 2021 T.Varghese ...Petitioner Vs.

The District Collector, Tirunelveli District, Tirunelveli. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the respondent in connection with the impugned order of rejection passed by him vide his proceedings in O.Mu.A6/223/2020 dated 23.01.2020 and quash the same as illegal and arbitrary and consequently direct him to disburse the encashment of the Earned Leave, Un-earned Leave on private affairs and granting to the petitioner in the light of the order passed by this Court in a similar case in W.P.(MD)No.7761 of 2018 dated 10.04.2018 and confirmed by the Hon'ble Division Bench in W.A.(MD)No.105 of 2019 dated

31.07.2019 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.D.Gandhi Raj, Special Government Pleader

ORDER

The present writ petition has been filed to quash the impugned order of rejection passed by the respondent vide his proceedings dated 23.01.2020 and consequently directing the respondent to disburse the encashment of the Earned Leave, Un-earned Leave on private affairs and granting to the petitioner in the light of the order passed by this Court in a similar case in W.P.(MD)No.7761 of 2018 dated 10.04.2018 and confirmed by the Hon'ble Division Bench in W.A.

(MD)No.105 of 2019 dated 31.07.2019.

2. The brief facts which are necessary for the disposal of this Writ Petition is as follows:-

The petitioner was appointed as Typist in the Revenue Department on

10.02.1997 through TNPSC. Thereafter, he was promoted as Assistant on 31.03.2001, Deputy Tashildar on 31.03.2012 and lastly as Tashildar on 01.12.2017. While he was working as Tahsildar in Nanguneri Taluk, Tirunelveli District, he was encountered with a trap by the Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Tirunelveli. Consequently, a criminal case was also registered against him in Cr.No.7 of 2018, U/s.7(1) of the Prevention of Corruption (Amendment) Act, 2018. The same culminated in a criminal proceeding and the same is pending. In the meanwhile, the petitioner was placed under suspension, vide proceedings dated 07.12.2018. Though he attained his age of superannuation on 31.05.2019, his service was extended as per Rule 56(1) of the fundamental Rules by the respondent, vide proceedings dated 31.05.2019. Both the disciplinary proceedings as well as the criminal proceedings are pending as against the petitioner as on date. In the meanwhile, the petitioner made a representations dated 05.03.2021 and 27.07.2019 requesting to disburse the encashment of earned leave, unearned leave on private affairs and gratuity. However, the respondent rejected the petitioner's claim, vide proceedings dated 23.01.2020.

Challenging the same, the present writ petition came to be filed.

3.The learned counsel appearing for the petitioner submitted that even the pendency of disciplinary proceedings or criminal proceedings as against the delinquent, will not disentitle himself for encashment of earned leave, unearned leave and gratuity. In view of the same, he pressed for allowing the writ petition.

4. The respondent has filed a counter and the learned Additional Government Pleader submitted that the crime which has been registered as against the petitioner by the Vigilance and Anti Corruption has been culminated, in a criminal proceeding by laying charge sheet on 18.07.2019 as against the petitioner in Special case No.3 of 2019 on the file of Special Court under Prevention of Corruption Act, Tirunelveli. That apart, the final order in the disciplinary proceeding initiated as against the petitioner by the department is also yet to be passed. Relying upon the Tamil Nadu Pension Rules, he further