R.Varalakshmi, v. The Principal Accountant
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 11.08.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.24690/2015 R.Varalakshmi ... Petitioner
Versus
1. The Principal Accountant General [A&E] O/o.The Principal Accountant General Office No.361, Annasalai, Teynampet, Chennai 600 018.
2. The Assistant Elementary Educational Officer Rasipuram, Namakkal District.
3. The Headmaster The Govt. High School, Koonavellampatty Pudhur, Namakkal District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 1st respondent to consider the petitioner's representation dated 10.02.2015 based on the letter dated 22.08.2013 issued by the 3rd respondent.
For Petitioner : Mr.K.Gandhi Kumar For R1 : Mr.V.Vijayshankar For RR2&3 : Mr.R.Vijayakumar, Additional Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal. 2.It is averred by the petitioner that she worked as Secondary Grade Teacher in Thiruvanguda Villas School, which is a private aided Educational Institution from 11.07.1991 to 19.01.2009 and at the time of her employment, a temporary provident fund account has been opened in TPF No.302792 and regularly the provident fund amount has been deducted from her salary without any default. The total Provident Fund amount from 11.07.1991 to 19.01.2009 works out
to Rs.2,16,373/-. It is further stated by the petitioner that thereafter, she joined as B.T.Assistant in a Government High School, Koonavellampatti, Namakkal District and presently, she is working under the 3rd respondent. A GPF account number was allotted by the 1st respondent in GPF 167491/EDN and from February 2009 onwards, GPF was deducted from the petitioner's salary and credited to the above said account. When the petitioner made a verification during the year 2010, she found that the provident fund which was deducted from her salary, was not deposited in her present GPF account. In this regard, she submitted a representation dated 27.01.2011 to the 2nd respondent requesting the 2nd respondent to deposit the said amount to the present GPF account. The 3rd respondent also addressed a letter to the 2nd respondent in Na.Ka.No.
157/2013-14 dated 22.08.2013, to transfer the said amount to the GPF account of the petitioner. The 2nd respondent also sent a communication to the 3rd respondent, in O.Mu.No.1607/Aa/2013 dated 10.09.2013, stating that the said amount has already been credited to the said GPF account of the petitioner. The District Educational Officer, Namakkal [In-charge] has also addressed a letter dated 24.01.2014 to the 3rd respondent stating that since the amount has not been credited into the GPF account of the petitioner, the Headmaster of the school was directed to send necessary letter/communication to the 1st respondent in that regard. The petitioner has also submitted a representation dated 10.02.2015 to the 1st respondent, praying for crediting a sum of Rs.
2,16,373/- into her GPF account and since no orders have been passed, the petitioner came forward to file this writ petition. 3.This Court heard the submissions of the learned counsel for the petitioner ; Mr.V.Vijayshankar, learned counsel who accepts notice on behalf of the 1st respondent and Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 2 and 3.
4.This Court, taking into consideration the limited scope of prayer sought for by the petitioner, directs the 1st respondent to consider and dispose of the petitioner's representation dated 10.02.2015 on merits and iin accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. 5.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
AP To
1. The Principal Accountant General [A&E] O/o.The Principal Accountant General Office No.361, Annasalai, Teynampet, Chennai 600 018.
2. The Assistant Elementary Educational Officer Rasipuram, Namakkal District.
3. The Headmaster The Govt. High School, Koonavellampatty Pudhur, Namakkal District.
+1cc to Mr.V.Vijayashankar, Advocate, S.R.No.41960 +1cc to the Government Pleader, S.R.No.42063 W.P.No.24690/2015 RJ(CO) CA(25/08/2015)