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Documents citing The State Of Tamil Nadu vs V. Mahalingam on 10 April, 2019

The Additional Director Of vs B.Manoharan on 9 January, 2020

7. Furthermore, as could be from the abovecited decision of the Honourable Division Bench, they had placed reliance upon the decisions of the Honourable Division Bench of this Court rendered in W.A.(MD) No.1423 of 2018, dated 22.10.2018 [The District Collector and another vs. V.Balasubramanian]; W.A.No.207 of 2016, dated 26.02.2016 [The Chairman -cum-Managing Director, Tamil Nadu Generation and Electricity Distribution Corporation Ltd. and others vs. P.K.Panchaksharam] and also placed reliance upon the decision of the Honourable Division Bench of this Court, in the case of State of Tamil Nadu vs. V.Mahalingam, reported in 2019-1-Writ L.R. 825. Considering the principles of law outlined in the abovecited decisions, when it is seen that the monetary benefits, such as, earned leave salary, provident fund and special provident fund being already accrued and got credited to the account of the employee, which he is entitled to get automatically on account of superannuation and those amounts being his personal property as held in the abovecited decisions, in such view of the matter, even if the employee is not permitted to retire from service on the footing that departmental proceedings are pending against him, the same would not be a bar to release the payment of the abovesaid amounts and when it is seen that such payments can even be extended to a person dismissed from service, in such view of the matter, we 7/9 http://www.judis.nic.in W.A.(MD) No.14 of 2020 are of the view that the learned Single Judge has rightly held that the respondent is entitled to obtain the encashment of the earned leave salary and special provident fund, as per his entitlement and right in directing the appellants to release the same.
Madras High Court Cites 2 - Cited by 0 - M Duraiswamy - Full Document
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