W.A.No.579 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

AND

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

W.A.No.579 of 2020

and CMP No. 8171 of 2020

1. The Secretary to Government,

Government of Tamilnadu,

Revenue Department,

Secretariat, Chennai 600 009.

2. The Commissioner of Revenue Administration,

Chepauk, Chennai 600 005.

3. The District Collector,

Cuddalore District,

Cuddalore.

...Appellants/Respondents

Vs.

R.Rangarajan

Special Tahsildar (Land Acquisition),

National Highways,

Chidambaram, Cuddaore District.

(Under order of suspension and not

permitted to retire)

... Respondent/Petitioner

1/12

https://www.mhc.tn.gov.in/judis

W.A.No.579 of 2020

Prayer

: Writ Appeal filed under Clause 15 of the Letters Patent, against the

order dated 21.10.2019 made in W.P. No.29441 of 2019 and to set aside the

same.

For Appellants

: Mr. G.Nanmaran

Special Government Pleader

For Respondent

: Mr. R.Prem Narayan

J U D G M E N T

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

The State is aggrieved by the order of the Writ Court directing

disbursal of the Earned Leave Encashment, General Provident Fund, Family

Benefit Fund and a consequential retirement and pensionery benefits within

a time frame.

2. The respondent, who was working as a Special Tahsildar, Land

Acquisition, was placed under suspension from service for the reason that a

criminal case was registered against him for certain delinquencies and

2/12

https://www.mhc.tn.gov.in/judis

W.A.No.579 of 2020

misappropriation committed by him, while he was working as a Special

Tahsildar, (Land Acquisition) National Highways, Chidambaram. A Criminal

case in Crime No.3 of 2014 was registered against the respondent and other

officials under Sections 404, 465, 468, 471, 477(A) and 420 of the Indian

Penal Code, in the District Crime Branch and the respondent was also

arrested. He was placed under suspension by the proceedings of the District

Collector, Cuddalore on 30.09.2014. The respondent filed a Writ Petition in

this Court seeking permission to retire. This Court directed the District

Collector to dispose of his representation. The District Collector by his order

dated 22.12.2015 rejected his representation and confirmed the order not to

allow him to retire till conclusion of the Criminal Proceedings.

3. While things stood thus, the petitioner came up with the instant

Writ Petition seeking a Mandamus as aforesaid. The Writ Court upon

considering the relevant Rules and the judgment of this Court in WA

No.1485 of 2018 held that Encashment of Earned Leave, General Provident

Fund and Family Benefit Fund are payable even if the employee is not

allowed to retire and even if there are criminal cases pending against him

3/12

https://www.mhc.tn.gov.in/judis

W.A.No.579 of 2020

since those monies belonged to him. Aggrieved the Government is on

Appeal.

4. Mr.Nanmaran, learned Special Government Pleader appearing

for the appellants would vehemently contend that the Government is entitled

to withhold the retiral benefits under Rule 69(1)(b) of the Tamil Nadu

Pension Rules, since the Writ Court had not considered the said provision,

the order of the Writ Court is liable to be interfered with.

5. Contending contra Mr.R.Prem Narayanan, learned counsel

appearing for the respondent would submit that a Division Bench of this

Court in WA No.4018 of 2019 had gone into the question in detail and had

concluded that the Earned Leave Encashment, General Provident Fund and

Family Benefit Fund cannot be with held even in cases where the criminal

proceedings are launched against the employee and he is not allowed to

retire because of the pendency of such criminal proceedings.

6. We have gone through the judgment of the Division Bench in

4/12

https://www.mhc.tn.gov.in/judis

W.A.No.579 of 2020

The Chief Secretary to