Allowed

N.M.Ahmed Ali, v. The Commissioner of Municipal

Madras HC27 Apr 2015WP/8726/2015

Case brief

AI extract

What is this about?

The Court held that Pension and EPF benefits are employee properties and cannot be withheld by the department pending disciplinary proceedings. The petitioner, aged at superannuation, was granted a direction to release FPS, SPF, and leave encashment within four weeks.

What did the court decide?

Respondents directed to release General Provident Fund, Special Provident Fund, and Earned Leave Encashment within four weeks.

N.M.Ahmed Ali, Vs The Commissioner of Municipal — Pension and Retirement Benefits | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.04.2015

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CORAM

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THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN

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W.P.No.8726 of 2015

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N.M.Ahmed Ali ... Petitioner

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Vs.

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The Commissioner of Municipal Administration
Chepauk, Chennai-600 005.
2. The Commissioner,
Kadayanallur Municipality
Tirunelvei District. ... Respondents
* *
Prayer : Writ Petition has been filed under Article 226 of the
Constitution of India praying for the issuance of Writ of Mandamus
directing the 1 st respondent to release the General Provident Fund,
Special Provident Fund and Encashment of Earned Leave/ Private
Affairs at the credit of the petitioner as on 31.03.2014 within a
reasonable period.
* *
For Petitioner : Mr.T.Ranganathan
For Respondents : Mr.K.V.Dhanapalan, AGP for R1
Mr.E.Gokulakrishna for R2

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ORDER

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With the consent of both sides, this writ petition itself is taken up for final disposal.

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The petitioner was employed as Junior Engineer in the Municipality. He reached age of superannuation on 31.03.2014. He was not permitted to retire and he was kept under suspension. A Charge memo was issued and the disciplinary proceedings are still pending against the petitioner.

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Petitioner has filed this writ petition seeking a direction to release general provident fund, special provident fund and encashment of earn leave on his reaching the age of superannuation.

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https://hcservices.ecourts.gov.in/hcservices/

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The claim for general provident fund ,special provident fund and earn leave encashment is on the basis that even if he is dismissed from service after the conclusion of disciplinary proceeding, the aforesaid benefits could not be withheld, since those benefits are his properties.

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I am also of the view that the general provident fund, special provident fund and earn leave encashment could not be withheld by the department on any ground as the same is the property of the employee. Hence, a direction is issued as sought for in the writ petition to the first respondent to release the general provident fund, special provident fund and earn leave encashment within a period of four weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
kpr
To
1. The Commissioner of Municipal Administration
Chepauk, Chennai-600 005.
2. The Commissioner,
Kadayanallur Municipality
Tirunelvei District.
+1 CC to Government Pleader, SR.NO.23331
+1 CC to Mr.T.Ranganathan, Advocate SR.NO. 23205
W.P.No.8726 of 2015
LRS(CO)
PKS
19/05/2015

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https://hcservices.ecourts.gov.in/hcservices/

N.M.Ahmed Ali, v. The Commissioner of Municipal

Case brief

What is this about?

What did the court decide?

N.M.Ahmed Ali, v. The Commissioner of Municipal

Case brief

What is this about?

What did the court decide?

What the court decided

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