Madras High CourtWP/8392/2014disposed of

R.Premakumari v. The Director Of Elementary

2020-02-04Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP.No.8392 of 2014 R.Premakumari Petitioner Vs 1.The Director of Elementary Education, Chennai-6 2.The District Elementary Educational Officer, Kancheepuram 3.The Assistant Elementary Educational Officer, Kattankulathur Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the Respondents to pay normal interest applicable to provident fund for three months from 02.07.2009 to 30.09.2009 and special interest of 12% p.a. from 01.10.2009 o 01.08.2013 for the belated payment of provident fund amount of Rs.4,53,102/-. For Petitioner : Mr.B.R.Ganesan For Respondents : Mrs.P.Kavitha, GA

ORDER

1.The prayer in this Writ Petition is to issue a Writ of Mandamus to direct the Respondents to pay normal interest applicable to provident fund for three months from 02.07.2009 to 30.09.2009 and special interest of 12% p.a. from 01.10.2009 o 01.08.2013 for the belated payment of provident fund amount of Rs.4,53,102/-.

2.The case of the Petitioner is that the Petitioner had joined as Middle School Teacher on 16.11.1987 in the Respondent Department and that while she was working as Head Mistress in the Panchayat Union Middle School Keerapakkam, she had voluntarily retired with effect from 01.07.2009 and that though orders were passed, sanctioning DCRG, Pension and Commutation of Pension, the Respondents have not settled the same. Hence, the Petitioner had filed WP.No.17177 of 2012, seeking settlement of the provident fund account with interest 12% p.a., wherein by order dated, 5.7.2012, the 3rd Respondent was

directed to pay the same within two weeks from the date of receipt of a copy of the order and thereafter, a representation, dated 13.08.2012, seeking settlement of the provident fund account was sent to the Respondents. Since no action was taken by the Respondents, the Petitioner had filed Cont.P.No.1459 of 2013. Since by cheque dated 2.8.2013, the entire provident fund amount was settled, the said contempt petition was closed, by order dated, 16.08.2013, giving liberty to claim interest for the belated payment of the provident fund amount of Rs.4,53,102/. Hence, this Writ Petition has been filed, seeking relief as stated above.

3.This court heard the learned counsel on either side and considered their respective submissions and also perused the materials placed on record, including the counter filed by the Respondents.

4.Admittedly, the entire provident fund amount had been settled to the Petitioner. However, the issue in this Writ Petition is with regard to payment of interest for the belated payment of provident fund amount of Rs.4,53,102/. To that extent, the learned Government Advocate for the Respondents has produced an interest calculation sheet/memo, dated 31.01.2020, which reads as under:- INTEREST CALCULATION SHEET TMT.R.PREMAKUMARI, HEAD MASTER, P.U.MIDDLE SCHOOL, KEERAPAKKAM, KATTANKOLATHUR, BLOCK SERVICE FROM VOLUNTARY RETIRED ON 01.07.2009 A.N. Cumulative Total (Rs.) Rate of Interest No. of Months Amount of Interest (Rs.) Total end of the amount Period 453102 02/10/09 453102 8.00% 30/31 456025 FROM 11/2010 TO 07/2011 453102 8.00% 27186 480288 FROM 08/2011 TO 11/2011 453102 8.00% 12083 465185 FROM 12/2011 TO 03/2012 453102 8.

6%% 12989 466091 FROM 04/2012 TO 03/2013 453102 8.8%% 13291 466393 FROM 04/2013 TO 06/2013 453102 8.7%% 39420 492522 FROM 1.7.2013 TO 16.07.2013 453102 8.7%% 16/31 454797 Up to 16.07.2013 Interest 109587 5.But, the learned counsel for the Petitioner has disputed the afore said interest calculation sheet. However, on perusal of the relevant Rules of the Notification issued by the State and as per the afore said interest calculation sheet, the Petitioner is entitled to a sum of Rs.1,09,587/- (Rupees one lakh nine thousand five hundred and eighty seven only) towards interest for the belated payment of the provident fund amount Rs.4,53,102/. Accordingly, this Writ Petitions is disposed of, with the following directions:- i.

Rs.1,09,587/- (Rupees one lakh nine thousand five hundred and eighty seven only) towards interest for the belated payment of the provident fund amount Rs.4,53,102/, within a period of two weeks from the date of receipt of a copy of this order.

ii.On receipt of such representation within the aforesaid period, the 3rd Respondent shall pass appropriate orders, sanctioning a sum Rs.1,09,587/- (Rupees one lakh nine thousand five hundred and eighty seven only) towards interest for the belated payment of the provident fund amount, within a period of four months thereafter.

iii.However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar Srcm To 1.The Director of Elementary Education, Chennai-6 2.The District Elementary Educational Officer, Kancheepuram 3.The Assistant Elementary Educational Officer, Kattankulathur +1 cc to Mr.B.R.Ganesan, Advocate Sr.No. 9175 +1 cc to Govt Pleader Sr.No. 9479 WP.No.8392 of 2014 VBA(CO) RMP(15/07/2020)