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Madras High CourtWP/12980/2014disposed of

Tmt.E.Mageshwari v. The Director Of Pension

2015-03-09Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2015

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY Writ Petition Nos.12980 of 2014 and 12981 of 2014 E.Mageshwari ..Petitioner in W.P.No.12980/2014 G.Muniamma ..Petitioner in W.P.No.12981/2014 -Vs1. The Director of Pension No.259, Anna Salai D.M.S.Compound Teynampet Chennai-600 006.

2. The Assistant Director of Sericulture Grainage Dinnur, Hosur, Krishnagiri District-635 109.

..Respondents in both WPs.

Writ Petitions filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents to pay the petitioners the amount of Rs.28,396/- and Rs.87,044/- respectively towards EPF final settlement, within a time frame to be fixed by this Court.

For petitioners : Mr.N.Suresh in both WPs.

For respondents : Mr.R.M.Muthu Kumar in both WPs.

Government Advocate

ORDER

The above Writ Petitions have been filed by the petitioners to issue Writ of Mandamus, directing the respondents to pay the petitioners the amount of Rs.28,396/- and Rs.87,044/- respectively towards EPF final settlement, within a stipulated time.

2. It is the case of the petitioners that the first respondent has issued letters directing the second respondent to disburse a cheque dated 11.09.2013 for Rs.28,396/- and a cheque dated 17.09.2013 for Rs.87,044/- drawn in favour of the petitioners

respectively towards the EPF final settlement. The petitioners approached the second respondent to receive their respective cheque. However, the second respondent has informed the petitioners that he has returned back the EPF final settlement cheques to the first respondent. Thereafter, the petitioners also gave representations dated 17.03.2014, through RPAD, to both respondents calling upon them to issue the EPF final settlement cheque.

3. On instructions, Mr.R.M.Muthu Kumar, learned Government Advocate appearing for the respondents submitted that the first respondent had sanctioned and provided the final withdrawal of EPF amount for 25 members/employees, except the petitioner in W.P.No.12981 of 2014, viz., G.Muniamma, the remaining 24 employees have duly received their demand draft. Further, the learned Government Advocate submitted that the second respondent had sent a letter in R.C.No.2892/A/2011, dated 06.03.2015, addressed to him stating the said facts and further stated that the first respondent would disburse the amount to the petitioners, if directed by this Court.

4. Having regard to the above submissions made by the learned Government Advocate, I direct the first respondent to pay the petitioner in W.P.No.12980 of 2014 a sum of Rs.28,396/- and to the petitioner in W.P.No.12981 of 2014 a sum of Rs.87,044/-, towards EPF final settlement, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above observations, these Writ Petitions are disposed of. No costs.

paa s/d- Assistant Registrar(CS-III) Dt:11/3/2015 True Copy Sub-Assistant Registrar To

1. The Director of Pension No.259, Anna Salai D.M.S.Compound Teynampet Chennai-600 006.

2. The Assitant Director of Sericulture Grainage Dinnur, Hosur, Krishnagiri District-635 109.

+ 4 ccs to Mr.N.Suresh, Advocate SR 13038 & 13039 + 1 cc to the Government Pleader, High Court, Madras SR 13269 jsv(co) prk11/3 Writ Petition Nos.12980 of 2014 and 12981 of 2014