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Madras High CourtWP/8820/2022disposed of

U.Ramachandran v. The State Of Tamil Nadu

2022-04-08Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.8820 of 2022 U.Ramachandran

...Petitioner

Vs.

1.The State of Tamil Nadu, Rep., by its Secretary to Government, Education Department, Fort St. George, Chennai - 9.

2.The Director of School Education, College Road, Chennai.

3.The Block Educational Officer, Kammapuram Block, Cuddalore District.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the respondents to disburse the DCRG amount of the petitioner with interest by considering his representation dated 16.10.2021 within a time frame.

For Petitioner : Ms.K.Jenitha For Respondents : Mr.V.Manoharan, Additional Government Pleader ********

O R D E R

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to disburse the DCRG amount of the petitioner with interest by considering his

representation dated 16.10.2021 within a time frame.

3. The case of the petitioner is that he is a retired Middle School Head Master and he retired from service on 31.05.2019. While the petitioner was working as a Middle School Headmaster in V.Sathapadi Panchayat Union Middle School, he was nominated as a president of the FK87, Kammapuram Teachers Cooperative Thrift and Credit Society, Kammapuram. The petitioner has rendered 31 years unblemished service as a teacher and for his unblemished service, he was permitted to continue the service till the end of academic year and thereafter, permitted to retire from service. After his retirement, he was served with a show cause notice, calling for the explanation for the malpractices taken place in the Society during the year 2015 to 2017.

The petitioner was charged for the misappropriation committed by the Secretary and the Writer, who are responsible for the collection of loan amount and accounting the same. In view of the above said facts, the petitioner's DCRG amount was withheld by the respondents. Therefore, the petitioner made a representation to the third respondent on 16.10.2021, but the same was not considered till date. Hence, the instant writ petition.

4. The learned Additional Government Pleader appearing for the respondents submitted that if the petitioner is furnished all the required documents, the same will be considered by the authorities concerned and appropriate orders will be passed on its own merits and in accordance with law.

5. In view of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this Court is inclined to direct the third respondent to consider representation of the petitioner dated 16.10.2021, and pass appropriate orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. If any particular is required, the third respondent is directed to communicate to the petitioner to submit that said particulars within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stand disposed of. No costs.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar

uma To 1.The Secretary to Government, Education Department, Fort St. George, Chennai - 9.

2.The Director of School Education, College Road, Chennai.

3.The Block Educational Officer, Kammapuram Block, Cuddalore District.

+1cc to M/s.K.Jenitha, Advocate SR.No.24981 +1cc to Special Government Pleader, SR.No.24712 W.P.No.8820 of 2022 SKM(CO) CB(29/04/2022)