Kalpana, V.M.C., v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-08-2015
CORAM:
THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN W.P.Nos.23700 & 23701 of 2015 Kalpana V.M.C.
...Petitioner in W.P.No.23700/2015
K. Valli @ K. Valliammal
...Petitioner in. W.P.No.23701/2015
Vs 1 The State of Tamil Nadu Rep by Secretary to Govt Educational Dept Secretariat Chennai - 09 2 The District Elementary Educational Officer Krishnagiri Dt Krishnagiri 3 The Assist Elementary Educational Officer averipattinam Po Krishnagiri Dt 4 The Deputy Director of Internal Audit Local Fund Audit Office Railway Station Road, Dharmapuri Dt 5 The Director of Elementary Education DP.I. Compound College Road Chennai - 06
...Respondents in both
the writ petitions Writ Petitions under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents herein to pay the balance provident fund amounts along with Fifth Pay Commission arrears and dearness allowance arrears along with 12% interest on the delayed payment due to the petitioners mother & Husband who retired
on 30/8/02 & 30.06.2004 and died on 05/07/2009 & 10.03.2012 respectively For petitioner :
Mr. M. Ravi For respondent :
Mr. S. Gunasekaran, G.A.
ORDER
By consent, the main writ petition is taken up for final hearing. 2.
The petitioners, who retired as Secondary Grade Teacher and Office Assistant of Panchayat Union Primary and Middle Schools, respectively came forward to file this writ petition stating among other things, to pay the balance Provident Fund amount and apart from the same, he is also entitled to arrears on account of the Fifth Pay Commission Report from the Dearness Allowances payable from 01-011999 till the date of his retirement and in this regard, he has also submitted a representation, dated 10-06-2015 and since no orders have been passed came forward to file the present writ petition. 3.
The learned counsel for the petitioners would submit that in similar circumstances this Court vide order, dated 06-01-2012 held in W.P.No. 10595 of 2009 has directed the official respondents to settle the Provident Fund payable to the petitioners along with Dearness Allowance and also the Fifth Pay Commission arrears, if any within a period of eight weeks from the date of receipt of a copy of this order by applying the relevant G.O. It is the submission of the learned counsel for the petitioner that the said order has also been complied with by applying G.O.(1D) No.159, School Education Department dated 31-05-2013.
4.
Heard the submissions of Mr. S. Gunasekaran, learned Government Advocate appearing on behalf of the respondents. 5.
Though the petitioners prayed for a larger relief, this Court in the light of the facts and circumstances directs the first respondent to consider and dispose of the petitioners' representation, dated 10-06-2015, on merits and in accordance with law after taking into consideration the G.O.(1D) No.159, School Education Department dated 31-05-2013 and G.O.(1D)No.258, Education Department dated 23-07-2015 within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the respective writ petitioners.
6.
These writ petitions are disposed of, accordingly. No costs.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar glp To The Secretary to Govt Educational Dept Secretariat Chennai - 09 2 The District Elementary Educational Officer Krishnagiri Dt Krishnagiri 3 The Assist Elementary Educational Officer Kaveripattinam Po Krishnagiri Dt 4 The Deputy Director of Internal Audit Local Fund Audit Office Railway Station Road, Dharmapuri Dt 5 The Director of Elementary Education DP.I. Compound College Road Chennai - 06 2 CC to M.Ravi, Advocate SR.No. 40258 1 CC to the Government Pleader, SR.No. 40400 W.P.Nos.23700 & 23701 of 2015 SKV (CO) PSI (26.08.2015)