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Madras High CourtWP/17063/2025disposed of

A.Mariadoss v. Government Of Tamil Nadu

2025-06-03Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN A.Mariadoss ... Petitioner Vs.

1.Government of Tamil Nadu, Rep by the Secretary, Finance Department, Fort St.George, Chennai - 9.

2.The Principal Accountant General, Office of the Principal Accountant General (Accounts & Entitlements), Tamil Nadu, 381, Anna Salai, Chennai - 600 010.

3.The Joint Director of Collegiate Education, Tiruchirapalli Region, Tiruchirapalli.

4.The Secretary, St.Joseph's College, Tiruchirapalli - 620 002.

... Respondents 1/5

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to refund the sum of Rs.1,48,132/- recovered from petitioner's gratuity amount. For Petitioner : Mr.B.Ravi For Respondent : Mr.M.Alagu Gowtham Government Advocate for R1 Mr.V.Vijay Shankar for R2 Mr.C.Jayaprakash Government Advocate for R3 *****

O R D E R

The instant writ petition has been filed with a prayer for issuing a Mandamus, to direct the 1st respondent to refund the sum of Rs.1,48,132/- recovered from the petitioner's gratuity amount.

2. It is the submission of the learned counsel for the petitioner, by virtue of an order dated 28.06.2024 in W.P.No.19960 of 2015, there was a 2/5

direction against the respondents not to recover any amount from their pension.

3. It is the grievance of the petitioner that in contravention to the order of this Court in W.P.No.19960 of 2015, the respondents have recovered a sum of Rs.1,48,132/-. The petitioner had made a representation dated 20.12.2024 seeking refund. Since there was no response from the respondents, the petitioner filed the present writ petition.

4. Heard the learned counsel for both sides and perused the materials available on record.

5. Though there is disputed facts between the parties, taking into consideration of the fact that the representation made by the petitioner is yet to be considered, this Court without going into merits of the matter, deems it appropriate to direct the respondents to consider the representation dated 20.12.2024 on it's own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, no doubt by taking into consideration of order passed by this Court in W.P.No.19960 of 2015. 3/5

6. In the result, this Writ Petition is disposed of with the above observations. No costs.

03.06.2025 jas Index : Yes/No Speaking order /Non Speaking Order To 1.Government of Tamil Nadu, Rep by the Secretary, Finance Department, Fort St.George, Chennai - 9.

2.The Principal Accountant General, Office of the Principal Accountant General (Accounts & Entitlements), Tamil Nadu, 381, Anna Salai, Chennai - 600 010.

3.The Joint Director of Collegiate Education, Tiruchirapalli Region, Tiruchirapalli.

4.The Secretary, St.Joseph's College, Tiruchirapalli - 620 002.

4/5

C.KUMARAPPAN, J.

jas 03.06.2025 5/5