S.Peter Raj, v. The Director Of School
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.10631 of 2019 S.Peter Raj .. Petitioner vs.
1.The Director of School Education, College Road, Chennai - 600 006.
2.The Controller of Finance, Office of the Director of School Education, College Road, Chennai - 600 006.
3.The Manager of R.C.Schools, Bishop's House, Thoothukudi - 628 001.
4.The District Educational Officer, Tiruchendur, Thoothukudi District - 628 215.
5.The Correspondent, St. Mary's Higher Secondary School, Pothakalanvilai, Thoothukudi District - 628 702.
6.The Headmistress, St. Mary's Higher Secondary School, Pothakalanvilai, Thoothukudi District - 628 702.
7.The Accountant General, 361, Anna Salai, Theynampet, Chennai - 600 018.
... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to release the amount of Rs.2,60,603/- and interest for the Special Provident Fund with interest till date in the light of the Petitioner's representation dated 28.03.2019. For Petitioner : Mr.J.David Ganesan For R1 to R4 : Mrs.S.Srimathy Special Government Pleader For R7 : Mr.P.Gunasekaran
ORDER
This writ petition has been filed seeking a direction to the respondents to release the amount of Rs.2,60,603/- towards interest for Provident Fund and to pay Special Provident Fund along with interest, in the light of the petitioner's representation dated 28.03.2019.
2.Heard the learned counsel appearing for the petitioner; the learned Special Government Pleader appearing for the respondents 1 to 4 and the learned counsel for the seventh respondent. In view of the nature of the order, which is going to be passed hereunder, no notice is required to the respondents 5 and 6.
3.The case of the petitioner is that he was working as P.G.History Teacher in the fifth respondent school and subsequently he was dismissed from service on 24.08.1998. The grievance of the petitioner is that he was not paid with the entire terminal benefits. Seeking such benefit, he made a representation dated 28.03.2019 to the respondents 1 to 6. Since the same has not been considered so far, this writ petition has been filed.
4.The learned Special Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the representation of the petitioner would be considered on merits and appropriate orders be passed by the fourth respondent. 5.In view of the above submission, this Court without going into the merits of the case, directs the fourth respondent to consider the petitioner's representation dated 28.03.2019 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
6.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS)
To 1.The Director of School Education, College Road, Chennai - 600 006.
2.The Controller of Finance, Office of the Director of School Education, College Road, Chennai - 600 006.
3.The Manager of R.C.Schools, Bishop's House, Thoothukudi - 628 001.
4.The District Educational Officer, Tiruchendur, Thoothukudi District - 628 215.
+1 CC to M/s.J.DAVID GANESAN, Advocate ( SR-63306[F] dated 27/04/2019 ) +1 CC to M/s.P.GUNASEKARAN, Advocate ( SR-63696[F] dated 29/04/2019 ) +1 CC to M/s.SPL GP ( SR-64043[F] dated 29/04/2019 ) MJ W.P(MD) No.10631 of 2019 27.04.2019 KM/(23.05.2019) 3P 8C