P.Raja Justus Paul, v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.8559 of 2018 P.Raja Justus Paul ... Petitioner Vs.

1.The Director of School Education, School Education Directorate, DPI Compound, College Road, Chennai.

2.The District Collector, 3.The Chief Educational Officer, 4.The District Educational Officer, 5.The Correspondent, Scott Christian Higher Secondary School, ... Respondents PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 3 and 4 herein, to pay the interest at the rate of 18% per annum to the petitioner, for the delayed payment of the petitioner's provident fund, for the period from 01.08.2016 to 24.10.2017, within the time stipulated by this Court. For Petitioner : Mr.C.Kishore For Respondents : Mr.D.Muruganantham, AGP for RR1 to 4

O R D E R

The prayer sought for herein is for a writ of Mandamus, directing the respondents 1, 3 and 4 herein, to pay the interest at the rate of 18% per annum to the petitioner, for the delayed payment of the petitioner's provident fund, for the period from 01.08.2016 to 24.10.2017, within the time stipulated by this Court.

2.Heard Mr.C.Kishore, learned counsel appearing for the petitioner and Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 to 4. 3.The learned counsel for the petitioner submits that the petitioner retired from service on 31.07.2016. Following the said retirement, he received DCRG from AG's Office. Thereafter, further retirement benefits was given only on 24.10.2017. But, even thereafter, certain benefits were not given in time. Thereafter, the retirement benefits were paid to the petitioner after 1-1/2 years. Therefore, because of the belated payment, the petitioner would be entitled to seek for interest at the rate of 18%. 4.In this regard, though the petitioner had given a representation on 18.12.2017 to the fourth respondent, no orders so far has been passed.

Therefore, the learned counsel for the petitioner would submit that, if a direction is issued to the fourth respondent to consider the said request of the petitioner, to pass orders thereon, the petitioner would be satisfied. 5.I have heard the learned Additional Government Pleader in this regard.

6.In view of the said submission made by the learned counsel for the petitioner, there shall be a direction to the fourth respondent to consider the representation of the petitioner dated 18.12.2017 and pass orders thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Director of School Education, School Education Directorate, DPI Compound, College Road, Chennai.

2.The District Collector,

3.The Chief Educational Officer, 4.The District Educational Officer, +1cc to Mr.C.Kishore, Advocate, SR.No.62276.

+1cc to Special Government Pleader, SR.No.62481. W.P(MD)No.8559 of 2018 19.04.2018 ARUL RAM/SV MMS/SAR 2/08.05.2018/3P/7C