Madras High CourtWP/23262/2018closed

V.V.Kathirvel, v. Principal Accountant General

2019-09-04Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.23262 of 2018 V.V.Kathirvel ... Petitioner Vs.

1.Principal Accountant General, (Accounts and entitlement) Chennai - 600018.

2.The District Collector, Office of the District Collector, 3.The Thasildhar, Taluk Office, Gobichettipalayam, ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to release the petitioner's GPF Amount to the tune of Rs.63,327/- with 12% interest for a period starting from 28.02.2011 to till date by considering the petitioner's representation dated 30.11.2011.

For Petitioner : Mr.A.Gokulakrishnan For Respondents : Ms.J.Sreevidya for R1 Mr.R.S.Selvam for R2 and R3 Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus directing the respondents to release the petitioner's GPF amount to the tune of Rs.63,327/- with 12% interest for a period starting from 28.02.2011 to till date by considering the petitioner's representation dated 30.11.2011.

2.The case of the petitioner is that the petitioner retired from service on 28.02.2011 and as per the communication of the first respondent, the petitioner approached the third respondent, however, the petitioner was not sanctioned with GPF. Hence, he sent a detailed representation to the respondents. Though they received the same, no action was taken on the petitioner's representation. Hence, this writ petition. 3.Pointing out the counter filed by the first respondent, the learned Government Advocate appearing for the third respondent would submit that after verification of the records, a fresh authorization for Rs.65,051/- was issued allowing maximum interest upto 30.06.2011 as per the Tamil Nadu General Provident Fund Rules, in favour of the third respondent vide letter dated 28.11.

2018 and the petitioner was also intimated to contact the Drawing and Disbursing Officer for receiving the payment and would further submit that if the petitioner approach the third respondent, they will disburse the amount in favour of the petitioner. 4.In view of the counter, the writ petition became infructuous. Hence the writ petition is closed. However, in view of the counter, the third respondent is directed to settle the amount in favour of the petitioner within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is granted liberty to make fresh representation with regard to the interest.

5.The writ petition is accordingly closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pri To 1.Principal Accountant General, (Accounts and entitlement) Chennai - 600018.

2.The District Collector, Office of the District Collector,

3.The Thasildhar, Taluk Office, Gobichettipalayam, +1cc to Mr.A.Gokulakrishnan, Advocate SR.76955 +1cc to Mr.J.Sreevidya, Advocate, SR.76792 +1cc to the Government Pleader, SR.76869 W.P.No.23262 of 2018 RGN(CO) CB(01/10/2019)