K.Veeramani (Under Suspension v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.24741 of 2017 K.Veeramani .. Petitioner Vs The Government of Tamil Nadu Represented by the Chief Electrical Inspector, Office of the Electrical Inspectorate, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.

..Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to disburse 90% of provident fund amount to the petitioner as per rule 27(A)(f) of Tamil Nadu GPF Rules 2006 as made in the application on 20.07.2017 by the petitioner within a time frame.

For Petitioner : Mr.V.Suthakar For Respondent : Mr.M.Perumal Government Advocate

O R D E R

The relief sought for in this writ petition is for a direction to the respondent to disburse 90% of the Government Provident Fund to the writ petitioner as per Rule 27(A)(f) of Tamil Nadu GPF Rules, 2006.

2. The learned counsel appearing for the writ petitioner submits that the writ petitioner was initially appointed as Junior Electrical Inspector in the year 1989 and was subsequently promoted to the post of Assistant Electrical Inspector and thereafter as Electrical Inspector in the year 2006. The writ petitioner was not allowed to retire from service on 30.6.2017, the date of attaining the age of superannuation. However he was placed suspension and his services are retained under Rule 56(1)(c) of Fundamental Rules. The learned counsel https://hcservices.ecourts.gov.in/hcservices/

for the petitioner states that even in such cases, where an employee is placed under suspension on the eve of retirement, he is eligible to receive the Provident Fund under the Rules. In this regard, the writ petitioner has submitted a representation on 20.7.2017 and the same is yet to be considered.

3. In this view of the matter, without going in to the merits of the case, the respondent is directed to consider the representation submitted by the writ petitioner on 20.7.2017 and pass orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar ms To The Chief Electrical Inspector, Government of Tamil Nadu Office of the Electrical Inspectorate, Thiru Vi Ka Industrial Estate, Guindy, Chennai 600 032.

+1cc to Mr.V.Suthakar, Advocate Sr. 67439 W.P.No.24741 of 2017 KJI(CO) VR(10/10/2017) https://hcservices.ecourts.gov.in/hcservices/