Petitioner sought writ to quash order withholding gratuity due to pending anti-corruption departmental proceedings. Court held suspension/pendency justifies withholding gratuity portion under Tamil Nadu Pension Rules, dismissing petition.
Writ petition dismissed; connected miscellaneous petitions closed; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2019
CORAM :
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P. No.18966 of 2019 and W.M.P. Nos.18317 & 18318 of 2019
K.A. Vetrivel ...Petitioner
Vs.
1.The District Collector,
Erode District,
Erode.
2.The Revenue Divisional Officer,
Gobichettipalayam,
Erode District. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the second respondent in his proceedings Na.Ka.No.8548/2009/B1, dated 29.05.2019 and quash the same and consequently directing the respondents to disburse and Gratuity to the petitioner.
For Petitioner : Mr. C.Prakasam
For Respondents : Mr. A.N.Thambidurai
Special Government Pleader
O R D E R
This Writ Petition has been filed for the issuance of the Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the second respondent in his proceedings Na.Ka.No.8548/2009/B1, dated 29.05.2019 and quash the same and consequently directing the respondents to disburse and Gratuity to the petitioner.
i.e. 30.09.2009, the petitioner was not allowed to retire from service and he was suspended from service. The petitioner has approached this Court by way of filing Writ Petition in W.P. No.15596 of 2015 seeking direction to the respondents to disburse the gratuity, Special Provident Fund, General Provident Fund and Encashment of Earned Leave etc. The said Writ Petition has been disposed of on 08.06.2015, by this Court, directing the first respondent, therein, to settle the retirement benefits of the petitioner. Pursuant to the order passed by this Court, the respondents, therein, disbursed the petitioner's retirement benefits except gratuity by proceedings dated 29.05.2019. Aggrieved by the same, the petitioner has come forward with the present Writ Petition challenging the said proceedings.
Rule 60. Provisional Pension where departmental or judicial proceeding for enquiry by the Director of Vigilance and Anti Corruption may be pending.
(1) (c)....
Provided further that, where a Government Servant, against whom a departmental or judicial proceedings involving pecuniary loss to the Government is pending, is permitted to retire without prejudice to such departmental or judicial
proceedings a portion of gratuity may be authorized after deducting the maximum computed financial loss to the Government for which the Government Servant is held liable, along with un-covered Government dues, if any, of such Government Servants, with interest.”
GJ(CO) RN(09/06/2020)
2 issues framed by the court
Whether the pendency of departmental proceedings involving anti-corruption charges justifies withholding gratuity.
Whether Rule 60 Proviso 3 of Tamil Nadu Pension Rules allows deduction of gratuity for financial loss to Government.
Colour shows how this judgement treated each authority
W.P. MD. No.10329 of 2019Referred¶16
1 provisions across 1 enactments
K.A. Vetrivel
The District Collector, Erode District
The Revenue Divisional Officer, Gobichettipalayam
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
