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Madras High CourtWP/35111/2013disposed of

R.Chandrika v. The Director Of School

2020-08-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.35111 of 2013 R.Chandrika ... Petitioner Vs.

1. The Director of School Education, DPI Complex, Chennai - 600 006.

2. The District Educational Officer, (Chennai North) Gandhi Irwin Road, Egmore, Chennai.

3. The Accountant General, Pay and Accounts Office, Chennai-North Rajaji Salai, Chennai - 600 001.

4. The Secretary, Lady M.Ct.Muthiah Chettiar Girls Higher Secondary School, No.13, Dr.Alagappa Road, Chennai - 600 084.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the service benefits viz E.L., L.P.A., S.P.F.I and SPF II, and pay arrears to the petitioner herein.

For Petitioner :

Mr.Somasundaram for M/s.M.G.Mohana Rangan For Respondents :

Mr.S.Suresh Kumar for R1 and R2 Government Advocate Mr.Vijay Shankar for R3

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to pay the service benefits viz., E.L., L.P.A., S.P.F. - I and S.P.F. - II and to pay arrears to the petitioner.

2.The case of the petitioner is that the petitioner was working as Computer Science Teacher in the fourth respondent School and she retired from service on 31.05.2012. Since the retirement benefits were not paid to the petitioner, the petitioner filed W.P.No.34185 of 2012 before this Court and pursuant to the order of this Court dated 20.12.2012 made in the said writ petition, the petitioner's retirement benefits were paid in part, however, the amount towards E.L., L.P.A., S.P.F. - I and S.P.F. - II were not paid. In this regard, the petitioner issued Lawyer's notice dated 28.10.2013 to the respondents. However, the said amounts have not yet been paid to the petitioner. Hence, this writ petition.

3.The learned counsel appearing for the petitioner would submit that though the petitioner retired from service during the year 2012, the retirement benefits due to her, namely, E.L., L.P.A., S.P.F. - I and S.P.F. - II have not yet been settled. Hence, this Court may issue direction to the respondents to settle the amounts due to the petitioner, in favour of the petitioner, within a reasonable time frame.

4.The learned Government Advocate would submit that the amounts due to the petitioner is pending with the Office of the Accountant General and would further submit that steps will be taken to settle the eligible amount due to the petitioner, in favour of the petitioner, within a period of three months from the date of receipt of a copy of this order.

5.Considering the submissions made on either side, this Court directs the respondents to settle the eligible amount due to the petitioner, in favour of the petitioner, within a period of three months from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Director of School Education, DPI Complex, Chennai - 600 006.

2. The District Educational Officer, (Chennai North) Gandhi Irwin Road, Egmore,Chennai.

3. The Accountant General, Pay and Accounts Office, Chennai-North Rajaji Salai, Chennai - 600 001.

+1cc to Mrs.Malarvishi Udayakumar, Advocate, Sr.No.26415 +1cc to Mr.Mohanrangan, Advocate, Sr.No.26353 +1cc to the Government Pleader, Sr.No.26575 W.P.No.35111 of 2013 mg (co) rr ii (14/09/2020)