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Madras High CourtWP/15445/2015disposed of

M.S.James, v. The State Of Tamil Nadu,

2015-06-03Honourable Mr Justice D. Hariparanthaman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.15445 of 2015 1.M.S.James 2.S.Mercy Kamalabai 3.D.Peter 4.V.Therese 5.S.Peeterlarance 6.S.Leela 7.J.R.Sheela Jayabackiyavathi 8.D.Ponnusamy 9.R.M.Arockiadass 10.J.Jebakani 11.A.Kasthuri Appasamy 12.P.Vimala 13.D.Karuniam 14.J.Subbiah 15.S.Palanivel 16.K.Chandrika Rani 17.K.Balakrishnan 18.G.Renguthai 19.C.Raman 20.V.Velappan 21.R.Sagunthalai 22.Alagarsamy 23.V.Rathinam 24.L.Dhamodaran 25.M.Vijayalakshmi 26.V.Subbian 27.A.Thanaseeli 28.V.Elangovenmal 29.M.Annapooranam 30.P.Dhanabalan 31.G.Padmanathan 32.P.Palanichamy 33.V.Sakthivel 34.A.Lakshmiammal 35.R.Veerappan 36.S.Vivekanandan 37.G.Palanichamy 38.T.Saroja 39.S.Koppammal 40.P.Veluchamy

41.A.V.N.Boopathi 42.K.Balakrishnan 43.K.Seenithayee 44.S.Nagarajan Gandhi 45.R.Sadaiappan ... Petitioner Vs.

1.The State of Tamilnadu Rep by the Secretary to Government Finance (Pension) Department 2.The State of Tamilnadu Rep by the Secretary to Government School Education Department 3.The Accountant General O/o.The A.G. Office, Teynampet, Chennai - 600 006.

4.The District Treasury Officer, Theni, Theni District.

5.The District Treasury Officer Dindigul, Dindigul District.

6.The District Officer, Tiruchendur, Thoothukudi District.

7.The District Treasury Officer, Tirunelveli, Tirunelveli District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the difference amount of Rs.5,000/- out of 10,000 sanction in the G.O.Ms.No.429 Finance (Pension) Department dated 15.09.2000 towards Special Provident Fund cum Gratuity to the petitioners who are all retired between 15.09.2000 and 01.11.2005.

For Petitioners : Mr.A.R.Suresh for Mr.V.Thirupathi For Respondents : Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

Heard both sides.

Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice for the respondents. By consent of both the parties the writ petition is taken up for final disposal.

2.Though the prayer in the writ petition is for a direction to the respondents to pay the difference amount of Rs.5,000/- towards Special Provident Fund cum Gratuity as per G.O.Ms.No.429 Finance (Pension) Department dated 15.09.2000, learned counsel for the petitioners submitted that the petitioners would be satisfied if their representations seeking for the payment of difference amount of Rs.5,000/- towards Special Provident Fund cum Gratuity is disposed of in the light of the order of this Court dated 27.01.2014 made in W.P.No.1280 of 2014, the relevant portion of which reads as under: "4.Accordingly, the respondents are directed to consider the claim of the petitioners made in their representation dated 11.10.2012 and 03.11.2012 for payment of difference amount of Rs.5,000/- of the contribution towards Special Provident Fund cum Gratuity in the light of G.O.Ms.No.429, dated 15.9.2000 and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

3.In view of the narrow prayer made, the writ petition is disposed of directing the first respondent to pass orders on the representation of the petitioners for the payment of difference amount of Rs.5,000/- towards Special Provident Fund cum Gratuity as per G.O.Ms.No.429 Finance (Pension) Department dated 15.09.2000, within a period of six weeks from the date of receipt of a copy of this order. No costs.

Pri s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.Secretary to Government Finance (Pension) Department

2.The Secretary to Government State of Tamilnadu School Education Department 3.The Accountant General O/o.The A.G. Office, Teynampet, Chennai - 600 006.

4.The District Treasury Officer, Theni, Theni District.

5.The District Treasury Officer Dindigul, Dindigul District.

6.The District Officer, Tiruchendur, Thoothukudi District.

7.The District Treasury Officer, Tirunelveli, Tirunelveli District.

+ 1 cc to Mr.V.Thirupathi, Advocate SR 26368 + 1 cc to Govt.Pleader SR 26521 tej(co) prk11/6 W.P.No.15445 of 2015