Madras High CourtWP(MD)/1048/2018allowed

D.Leelavathi Tamilselvi v. (*)The Chief Educational

2018-02-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P. (MD) No. 1048 of 2018 D.Leelavathi Tamilselvi .. Petitioner Vs.

1. The District Elementary Educational Officer, Tuticorin, Tuticorin District.

2. The Treasury Officer, District Treasury, Collectorate Campus, Tuticorin District.

3. The Assistant Elementary Educational Officer, Santhankulam, Tuticorin District.

4. The Sub-Treasury Officer, Sub-Treasury Office, Santhankualam, Tuticorin District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent herein to grant forthwith 'No Objection Certificate' to the petitioner for disbursing Death-cum-Retirement Gratuity (DCRG) so as to enable the petitioner to get the DCRG as sanctioned by the Principal Accountant General (A&E) vide proceedings No.P10/11018330/2/PPO No.R11018330/EDG, dated 20.12.2016. For petitioner : Mr.A.Ajith Geethan For respondents : Mr.S.Srimathy Special Government Pleader

O R D E R

*********** Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

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

3. The petitioner is a retired employee of the Education Department. She retired from service on 31.01.2017. However on account of non-issuance of 'No Objection Certificate' by the Audit Wing, the petitioner's Death-cum-Retirement Gratuity (DCRG) was not disbursed. Therefore, she filed the present writ petition.

4. During the pendency of the writ petition, the Audit Wing has issued 'No Objection Certificate'. Therefore there cannot be any impediment for disbursing the petitioner's Death-cum-Retirement Gratuity (DCRG).

5. Therefore, the respondents are directed to disburse the petitioner's Death-cum-Retirement Gratuity (DCRG) within a period of eight weeks from the date of receipt of copy of this order.

6. This Writ petition is allowed accordingly. No costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To:

1. The District Elementary Educational Officer, Tuticorin, Tuticorin District.

2. The Treasury Officer, District Treasury, Collectorate Campus, Tuticorin District.

3. The Assistant Elementary Educational Officer, Santhankulam, Tuticorin District.

4. The Sub-Treasury Officer, Sub-Treasury Office, Santhankualam, Tuticorin District.

+ 1 CC TO Mr.A.AJITH GEETHAN, ADVOCATE IN SR No. 49588 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 49572 KMI TE/RSK/SAR-1 : 28/04/2018 : 2P/7C ORDER MADE IN W.P.(MD) No.1048 of 2018 16.02.2018 https://hcservices.ecourts.gov.in/hcservices/