G.D.Nalini Mabel v. The Director Of College Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI G.D.Nalini Mabel ... Petitioner Vs.

1.The Director of College Education, College Road, Chennai - 600 009.

2.The Accountant General, Office of the Accountant General, 261, Annasalai, Chennai - 600 018.

3.The Joint Director of College Education, Tirunelveli Region, Tirunelveli.

4.The Secretary cum Correspondent, Sarah Tucker College (Autonomous), Palayamkottai, Tirunelveli - 627 007.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to sanction and disburse forthwith the pension benefits due to the petitioner viz., the General Provident Fund, Gratuity, Pension admissible to the petitioner with penal interest at the rate of 10%.

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For Petitioner : Mr.T.Cibi Chakraborthy For R-1 & R-3 :Mr.S.Saji Bino, Special Government Pleader For R-2 : Mr.P.Gunaseelan

O R D E R

This writ petition has been filed for a direction to the respondents to sanction and disburse forthwith the pension benefits due to the petitioner viz., the General Provident Fund, Gratuity, Pension admissible to the petitioner with penal interest at the rate of 10%.

2. The case of the petitioner is that the petitioner was appointed as Lecturer in the fourth respondent College in the year 1983. Subsequently, she got various promotions. Subsequently, after putting 35 years and four months of service, on attaining the age of superannuation, she retired on 25.12.2018. After retirement, the fourth respondent forwarded the petitioner's pension proposal to the third respondent for disbursing the terminal benefits. Subsequently, only the Provident Fund amount was disbursed to the petitioner. However, other benefits were not disbursed to him. Hence, the petitioner has made a detailed representation to the third respondent on 27.08.2021 requesting 2/5

to disburse the terminal benefits. The same was not considered till date. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the third respondent is directed to dispose of the representation of the petitioner, dated 27.08.2021, on merits and in accordance with law, within a specified period.

4. The learned Special Government Pleader appearing for the official respondents, has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the petitioner's representation, dated 27.08.2021 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

22.02.2023 PM NCC:Yes/No Index:Yes/No To 1.The Director of College Education, College Road, Chennai - 600 009.

2.The Joint Director of College Education, Tirunelveli Region, Tirunelveli.

3.The Secretary cum Correspondent, Sarah Tucker College (Autonomous), Palayamkottai, Tirunelveli - 627 007.

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M.DHANDAPANI,J.

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