P.Jayakumar v. The Principal Accountant General (A And E)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 12213 of 2025 P.Jayakumar ... Petitioner ..Vs..
1.
The Principal Accountant General (A&E) Tamilnadu (Authorization of Revision of Pension/Gratuity Commutation 361, Anna Salai, Chennai - 600 018.
2.
The Director Directorate of Elementary Education DPI Campus, College Road Nungampakkam Chennai - 600 034.
3.
The Financial Advisor cum Chief Principal Account General DPI Complex Nungambakkam, Chennai.
4.
The Chief Education Officer Near to District Collector's Officer Thiruvallur.
5.
The District Educational Officer District Education Office Government Boys Higher Secondary School Tirutani.
6.
The Block Educational Officer Thiruvalankadu Thiruvallur District - 631 210 ... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondent to pay the petitioner's entire retirement benefits pertains to Service Register IFHRMS No.43020195040 expeditiously.
*** For Petitioner :: Mr. B.Manimaran For RR 1 & 3 :: Mr. P.Mano Rajan Standing Counsel For RR 2, 4 & 5 :: Mrs. S.Mythreye Chandrau Special Government Pleader
ORDER
The Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to pay the petitioner's entire retirement benefits relating to Service Register IFHRMS No.43020195040 expeditiously.
2. The petitioner had joined as Teacher on 01.07.1988 and later was promoted as Headmaster and was working in Arumbakkam Panchayat Elementary School. He had suffered accident in his leg and was disabled on 14.06.2024. He had submitted a letter seeking voluntary retirement. It was forwarded on 01.08.2024. Clearance certificate from DVAC was obtained on 30.10.2024. He was then permitted to retire. The gratuity proposal was sent on 04.12.2024. An audit objection was raised and consequently, there was a delay in disbursing the retirement benefits. The Writ Petition has been filed since it is stated that he requires his retirement benefits as is permissible, released to him since he had fixed the date of his daughter's marriage on 25.04.2025.
3. I must place deep appreciation for the efforts taken by the learned Special Government Pleader Mrs.S.Mythreye Chandru and also Mr. P.Mano Rajan, learned Standing Counsel for the first and third respondents.
4. Mrs. S.Mythreye Chandru, learned Special Government Pleader had actually informed the Court that the petitioner could execute a surety in
accordance with Form-9 / Rule 71 of the Tamil Nadu Pension Rules 1978. This suggestion by the learned Special Government Pleader again has to be appreciated. The petitioner had accordingly submitted that form of surety bond in accordance with the required Format on 05.04.2025. It had been subsequently informed that the papers have been forwarded to the first and third respondents.
5. Mr.P.Mano Rajan, learned Standing Counsel for the first and third respondents informed that every effort will be taken by their office to clear the papers and stated that it would be then forwarded back to the second, third and fourth respondents, who may also process the same. It is contended that the entire procedure would be completed much earlier to the marriage date of the daughter of the petitioner.
6. However, the learned Special Government Pleader stated that if any amounts are to be retained, the same may be retained and the remainder amounts may be directed to be disbursed of the petitioner. A decision in that regard rests entirely with the respondents. They may retain the necessary amount for which there is audit objection and disburse the remainder balance which the petitioner is eligible to receive, however on or before 20.04.2025.
7. The Writ Petition stands disposed of with the above directions. No order as to costs.
08.04.2025 vsg Index: Yes/No Internet: Yes/No Note: Issue order copy today (08.04.2025) To 1.
The Principal Accountant General (A&E) Tamilnadu (Authorization of Revision of Pension/Gratuity Commutation 361, Anna Salai, Chennai - 600 018.
2.
The Director Directorate of Elementary Education DPI Campus, College Road Nungampakkam Chennai - 600 034.
3.
The Financial Advisor cum Chief Principal Account General DPI Complex Nungambakkam, Chennai.
C.V.KARTHIKEYAN, J.,
vsg 4.
The Chief Education Officer Near to District Collector's Officer Thiruvallur.
5.
The District Educational Officer District Education Office Government Boys Higher Secondary School Tirutani.
6.
The Block Educational Officer Thiruvalankadu Thiruvallur District - 631 210 W.P.No. 12213 of 2025 08.04.2025