R.Mary Anitha v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R. Mary Anitha .. Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Education Department, Fort St. George, Chennai - 600 009.
2.The Director of Elementary Education, DPI Compound, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.
4.The District Elementary Educational Officer, Cheyyar, Thiruvannamalai District.
5.The Block Educational Officer - II, Cheyyar, Thiruvannamalai District.
.. Respondents 1/6
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the second respondent to dispose of the petitioner's representation dated 16.02.2022 for 10 % interest on the belated payment of DCRG amount of Rs.5,85,330 for the period from 01.02.2019 to 16.05.2019 and TPF amount of Rs.6,19,483 for the period from 01.02.2019 to 21.05.2020 respectively in the light of G.O.(Ms) No.517 dated 12.06.1987.
For Petitioner : Mr.P. Murali For Respondents : Mr.S. Yashwanth, Additional Government Pleader
ORDER
This Writ Petition has been filed for a mandamus seeking for a direction to the second respondent to dispose of the petitioner's representation dated 16.02.2022, requesting for payment of interest for the belated payment of retirement benefits, within a time frame to be fixed by this Court.
2. Heard the learned counsel for the petitioner. Mr.S. Yashwanth, learned Additional Government Pleader, accepts notice on behalf of the 2/6
respondents. By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner was a Secondary Grade Teacher and subsequently retired on 31.01.2019. According to her, the respondents settled her DCRG payment on 16.05.2019 and TPF amount on 21.05.2020 belatedly. In such circumstances, she has given a representation to the second respondent on 16.02.2022, requesting for payment of interest for the belated payments. Since the representation has not been considered till date, she has filed this Writ Petition.
4. Since the representation is dated 16.02.2022, the petitioner shall give a fresh representation.
5. No prejudice will be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court.
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6. For the foregoing reasons, this Court directs the petitioner to submit a fresh representation to the second respondent, requesting for payment of interest for the belated payment of DCRG amount and TPF amount, within a period of one week from the date of receipt of a copy of this order. On receipt of the said representation, the second respondent shall pass final orders on merits and in accordance with law, within a period of twelve (12) weeks thereafter. Before passing the final orders, the second respondent shall take into consideration G.O.(Ms) No.517 dated 12.06.1987 and decide as to whether the same is applicable to the petitioner or not.
7. With the above directions, this Writ Petition stands disposed of. No costs.
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To 1.The Secretary, State of Tamil Nadu, Education Department, Fort St. George, Chennai - 600 009.
2.The Director of Elementary Education, DPI Compound, College Road, Chennai - 600 006.
3.The Chief Educational Officer, Thiruvannamalai District, Thiruvannamalai.
4.The District Elementary Educational Officer, Cheyyar, Thiruvannamalai District.
5.The Block Educational Officer - II, Cheyyar, Thiruvannamalai District.
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ABDUL QUDDHOSE,J.
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