A.Asha v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND A.Asha ... Petitioner Vs.

1. The District Collector Kanyakumari District @ Nagercoil.

2. The Joint Registrar of Co-Operative Societies Kanyakumari Region, Collectorate Campus, Nagercoil,

3. The Deputy Registrar of Co-Operative Societies Thuckalay Circle, Palace Road, Thuckalay,

4. The Special Officer No Y-96, Mulagumoodu Post, 1/6

5. The Secretary No y-96, Mulagumoodu Post, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 2 to 5 herein to disburse all the benefits namely EPF, Gratuity, SSD and all other monetary and service benefits including pension legally entitled to petitioner with interest due to death of her husband while in service before the 5th respondent herein within time frame fixed by this Court on this basis of her representation made before the respondents 2, 3 and 5 herein by RPAD dated 09.01.2025. For Petitioner : Mr.B.Brijesh Kishore For Respondent Nos. 1 to 4 : Mr.P.Subbaraj Special Government Pleader For Respondent No.5 : Mr.D.Shanmuga Raja Sethupathi

O R D E R

Today, the learned Counsel appearing for the fifth respondent submitted that a cheque bearing No.006599 dated 10.02.2025, for an amount of Rs. 1,76,291/- towards payment of Earned Leave encashment and cheque bearing No.006597 dated 10.02.2025 for an amount of Rs.5,350/- towards staff security deposit and cheque bearing No.006598 dated 10.02.2025 for an amount of Rs. 2/6

32,048/- towards arrears of salary have been drawn on the Kanyakumari District Central Cooperative Bank Ltd., Nagercoil issued in the name of the petitioner. The learned Counsel appearing for the fifth respondent would submit that he is ready to hand over the said three cheques to the learned Counsel appearing for the writ petitioner across the bench.

2. As per the permission of this Court, the learned Counsel for the fifth respondent handed over these three cheques to the learned Counsel for the petitioner to enable him to handover the same to his client.

3. With regard to the amount to be paid towards gratuity, the learned Counsel for the fifth respondent submits that on 10.03.2025, the fifth respondent sent a proposal to the Life Insurance Corporation for payment of the Provident Fund amount. The petitioner has to sign some documents and as such, if the petitioner approaches the fifth respondent for that purpose, they will complete the said process and submit the same to the competent authority and take steps to settle the same.

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4. At this juncture, the learned Counsel for the petitioner submits that the petitioner will approach the fifth respondent immediately and sought direction from the fifth respondent to take steps towards payment of gratuity amount and Provident Fund amount as early as payable in the interest of justice.

5. Considering the facts and circumstances of the case, this Court to dispose of the writ petition granting liberty to the petitioner to approach the fifth respondent within a period of seven days from today to complete the formalities to send proposals for Provident Fund amount.

6. In view of the above, this writ petition is disposed of with the following directions :

i) The petitioner shall approach the fifth respondent within a period of seven days from today to complete the formalities to process the Provident Fund claim.

ii) The fifth respondent shall take steps to disburse the amount to be paid to the petitioner towards gratuity as early as possible from the Life Insurance Corporation.

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iii) The petitioner is permitted to submit representation to the competent authority/first respondent seeking any further benefits for which she is entitled under law within a period of one week from today. On receipt of the representation, the first respondent shall consider the same and settle the claim made in the said representation within a period of four weeks thereafter.

7. No costs.

11.03.2025 NCC:yes/no Index:yes/no Internet:yes/no gvn 5/6

BATTU DEVANAND , J.

gvn To:

1. The District Collector Kanyakumari District @ Nagercoil.

2. The Joint Registrar of Co-Operative Societies Kanyakumari Region, Collectorate Campus, Nagercoil,

3. The Deputy Registrar of Co-Operative Societies Thuckalay Circle, Palace Road, Thuckalay,

4. The Special Officer No Y-96, Mulagumoodu Post,

5. The Secretary No y-96, Mulagumoodu Post, 11.03.2025 6/6