SECRETARY TO GOVERNMENT Vs. R. RANGARAJAN

JUDGEMENT

(1.) 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 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 Ss. 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 30/9/2014. 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 dtd. 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 since those monies belonged to him. Aggrieved the Government is on Appeal.