IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.7.2008 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.21741 of 2006 (T) O.A.No.4377 of 1996 Mohammed Zahiruddin .. Petitioner vs. 1. The Secretary to the Government of Tamil Nadu Home Department Madras-600 009 2. Accountant General (A&E) Tamil Nadu Madras .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the entire records pertaining to the second respondent herein viz., The Accountant General, Tamil Nadu, Madras, vide proceedings No.AG(A&E) Pen4/V/M58-559/95-96/AR dated 23.5.1996 stop payment of the applicant gratuity benefits and set aside the same directing the respondent to pay all the amounts of gratuity benefits Rs.91,014/-. For petitioner : Mr.K.P.Chandrasekaran For Respondents : Mr.T.Seenivasan Additional Government Pleader O R D E R The petitioner has filed the writ petition praying that this Court may be pleased to call for the records pertaining to the proceedings, dated 23.5.1996, issued by the second respondent, withholding the pension and other retiral benefits due to the petitioner, based on the letter, dated 11.10.1995, received from the Works Manager, Police Transport Workshop-cum-Training School, Chennai, stating that certain amounts are due from the petitioner to the various co-operative societies. https://hcservices.ecourts.gov.in/hcservices/ 2. The relevant paragraphs 9, 10, 11 and 12 of the reply affidavit filed on behalf of the respondents read as follows: "9. According to Rule 70 of the Tamil Nadu Pension rules it shall be the duty of every retiring Government servants to clear all Government dues before the date of his retirement. Where a retiring Government servant does not clear the Government dues and such dues as ascertainable a) an equivalent cash deposit may be taken from him, or b) out of the gratuity payable to him an amount equal to that recoverable on account of ascertainable Government dues shall be deducted therefrom. 10. The expression "ascertainable Government dues" includes dues to the local bodies or to the staff co-operative societies comprising of Government servants and registered under the Tamil Nadu Co-operative Societies Act, 1983. 11. Since, the applicant has not shown any interest to settle the matter before his retirement, the details of outstanding due amounts were informed to the Accountant General, Madras by the works Manager Police Transport Workshop-cum training school, Avadi for further action. 12. The Accountant General in his letter No.AG (A&E) Pension. 4/V/M 58-559/95-96/AR/160, dated 27.5.1996, has admitted a sum of Rs.91,014/- (Rupees Ninety One Thousand and Fourteen Only) towards gratuity amount with the instructions to recover co-operative society dues of Rs.59,211.56 plus interest and Government dues if any before payment to the applicant, based on the reports facts given to the Accountant General, Madras-18, the above instructions were issued by the Accountant General, Madras-18." 3. The learned Additional Government Pleader appearing for the respondents had submitted that once the amounts due from the petitioner to the various co-operative societies had been cleared, the balance amount of gratuity due to the petitioner would be disbursed. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned counsel appearing for the petitioner has not been in a position to say whether the amounts due from the petitioner to the various co-operative societies had been cleared as on date. However, he had submitted that the writ petition may be closed recording the submission made by the learned counsel for the respondents. 5. Therefore, recording the submission made by the learned Additional Government Pleader appearing on behalf of the respondents, the writ petition stands closed. No costs. Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar To: 1. The Secretary to the Government of Tamil Nadu Home Department Madras-600 009 2. Accountant General (A&E) Tamil Nadu, Madras +1 cc to Mr.V.Vijay Shankar, Advocate, SR.No.40333 1 cc To The Government Pleader, SR.40807 W.P.No.21741 of 2006 (T) O.A.No.4377 of 1996 VM (CO) SMK/11.8.08 https://hcservices.ecourts.gov.in/hcservices/