C.Jane Margret v. Correspondent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.19929 of 2020 C.Jane Margret ...

Petitioner /vs/

1. Correspondent, CSI Primary School, Mulanur, Tirupur District - 638 106.

2. Assistant Educational Officer, Mulanur, Tirupur District.

3. District Educational Officer, Dharapuram, Tirupur District.

4. Accountant General - II, Teynampet, Chennai - 17 .

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents to claim and disburse the Provident Fund Part-Final amount to the petitioner.

For Petitioner ... Mr.A.Immanuel For Respondents ... Mr.R.Neethi Perumal Government Advocate for R2 & R3 No appearance for R1 & R4

ORDER

This Writ Petition has been filed for the issuance of a writ of mandamus to direct the respondents to claim and disburse the Provident Fund Part-Final amount to the petitioner.

2. The petitioner was serving in the first respondent school from 02.06.2006. Later she was suspended on 11.02.2016 on certain allegations made against her. The petitioner had challenged those proceedings in W.P.No.12966 of 2016 and the same is pending. The petitioner had applied for Part-Final disbursement of provident fund in A/c.No.317775 and the same was not considered so far.

3. On perusal of the copy of Provident Fund application of the petitioner it is seen that the petitioner had requested to sanction part-final disbursement for the purpose of meeting out the expenses of her daughter's marriage. Even though the petitioner was placed under suspension, the first respondent ought to have considered the Provident Fund part-final

application submitted by the petitioner and passed appropriate orders.

4. Since the respondents did not consider the part-final application of the petitioner so far and passed any orders either to sanction it or reject it, this Court directs the respondents 1 to 3 to consider the Provident part-final application of the petitioner and pass appropriate orders in respect of sanction of Provident Fund part-final amount as requested by her, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed. No costs. 05.01.2024 Index: Yes / No Speaking order / Non-speaking order bkn

R.N.MANJULA ,J.

bkn To:

1. Correspondent, CSI Primary School, Mulanur, Tirupur District - 638 106.

2. Assistant Educational Officer, Mulanur, Tirupur District.

3. District Educational Officer, Dharapuram, Tirupur District.

4. Accountant General - II, Teynampet, Chennai - 17 .

05.01.2024