W.P.No.1526 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

W.P.No

.1526 of 2023

Chandran

...Petitioner

Vs.

1. The Government of Tamil Nadu

Rep. By its Secretary

Revenue Department,

Fort St. George,

Chennai 600 009.

2. The District Collector,

Cuddalore District.

3. The Revenue Divisional Officer,

Chidambaram Taluk,

Cuddalore District

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India,

seeking Writ of Mandamus, directing the respondents to sanction and

disburse the monetary benefits payable to the petitioner such as

gratuity, encashment of earned leave, commutation of pension and

general provident fund, pursuant to the order of dismissal from service

dated 01.02.2009 passed by the third respondent, in the light of the

judgemet dated 31.07.2019 passed in W.A.(MD) No.105 of 2019 and by

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W.P.No.1526 of 2023

considering petitioner's representation dated 22.03.2022.

For Petitioner

: Mr.M.Elumalai

For Respondents : Mr.RU.Dinesh Rajkumar

Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of

Mandamus directing the respondents to consider the representation

made by the petitioner on 22.03.2022 wherein the petitioner has

requested the respondents to pay the gratuity, encashment of earned

leave, commutation of pension and General Provident Fund.

2.

The brief facts of the case are as follows :-

● The petitioner was appointed as a Village Administrative

officer in the year 1984. A complaint came to be given against the

petitioner on the ground that he demanded bribe for issuing a

legal heirship certificate. An FIR was registered in Crime No.5 of

2022 and ultimately, the petitioner faced trial in Special Case No.1

of 2003. The petitioner was convicted for an offence under Section

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W.P.No.1526 of 2023

7 of the Prevention of Corruption Act and was sentenced. The

judgement of the Trial Court was confirmed by this Court in Crl A

No.790 of 2008 by judgement dated 19.09.2017. Subsequently,

this was also confirmed by the Apex Court by an order dated

12.02.2018. In the meantime, based on the conviction, the

petitioner was dismissed from service by the 3^rd respondent by an

order dated 01.02.2009. The petitioner made representations to

the respondent seeking for disbursement of gratuity, encashment

of earned leave salary, commutation of pension and General

Provident Fund on the ground that he is entitled for all these

benefits even though he was dismissed from service. Since the

representations were not considered by the respondents, the

present writ petition has been filed before this Court seeking for

appropriate directions.

3.

Heard Mr.M.Elumalai, learned counsel for the

petitioner and Mr.RU.Dinesh Rajkumar, Additional Government

Pleader appearing on behalf of respondents.

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W.P.No.1526 of 2023

4.

Taking into consideration the limited relief sought for

in this writ petition and without going into the merits of the case, there

shall be a direction to the 2^nd respondent to consider the representation

made by the petitioner on 22.03.2022 and deal with the same on its

own merits and in accordance with law and take a decision within a

period of six weeks from the date of receipt of the copy of this order.

5.

The petitioner is directed to make a fresh

representation to the 2^nd respondent along with all relevant documents

and also a copy of this order. This writ petition is disposed of with the

above directions. No costs.

23.01.2023

rka

Index:Yes/No

Internet:Yes/No

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W.P.No.1526 of 2023

To

1. The Government of Tamil Nadu

Rep. By its Secretary

Revenue Department,

Fort