Raghunath.D v. The District Revenue Officer/General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 07.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD).No.2476 of 2024 D.Raghunath ....Petitioner Vs The District Revenue Officer/General Manager, Tirucirapalli District Co-operative Milk Producers Union Ltd., Kottapattu, Trichu-23.

...Respondent

Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to disburse the provident fund with interest based on the petitioner's representation, dated 07.11.2023 within a period stipulated time by this Court. For Petitioner : M/s.M.Maria Vinolia For Respondent :Mr.J.K.Jayaseelan Government Advocate

ORDER

The present writ petition has been filed seeking direction to the respondent to disburse the provident fund with interest based on the petitioner's representation, dated 07.11.2023 within a period stipulated time by this Court.

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2. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was employed as a Manager (Scheme) in the procurement and input section in the respondent Society vide proceedings, dated 09.07.2018. He was selected as Veterinary Assistant Surgeon in Animal Husbandry Department through TNPSC and hence, he was relieved from the service of Manager in the respondent society vide proceedings, dated 04.05.2022. While he was served as a Manager, Provident Fund deposit has been deducted from his salary by his employer and his Provident Fund Account Number is UAN No.101330939979. He made an application to get his full deposit Employee Provident Fund. However, the same was not granted to him and hence, he made a representation on 07.11.2023 to release his Provident Fund. Since the same was not considered, this writ petition came to be filed.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority 2/4

would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5. Without going into the merits of the case, this Court hereby direct the respondents to consider the representation of the petitioner, dated 07.11.2023 and and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of copy of this order.

6. Accordingly, this Writ Petition stands disposed of. No costs. 07.02.2024.

Internet : Yes Index : Yes/No NCC : Yes/No gbg To The District Revenue Officer/General Manager, Tirucirapalli District Co-operative Milk Producers Union Ltd., Kottapattu, Trichu-23.

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L.VICTORIA GOWRI, J.

gbg W.P.(MD).No.2476 of 2024 07.02.2024 4/4