M. Mangalam v. The Director Of Elementary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 27/4/2015 C O R A M THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN Writ Petition (MD) No.5289 of 2015 and M.P.(MD)No.1 of 2015 M.Mangalam ... Petitioner Vs 1.The Director of Elementary Education, Chennai.

2.The Joint Director (Aided Schools), Cum Appellate Officer, Directorate of Elementary Education, Chennai - 600 006.

3.The District Elementary Educational Officer, Madurai - 1, Madurai District.

4.The Assistant Elementary Educational Officer, Block-1, Thirupparankundram Circle, Thirunagar, Madurai - 625 006, Madurai District.

5.Non-Gazetted Government Officers Aided Elementary School, Represented by the Secretary, Nagamalai Pudukottai, Madurai -19, Madurai District.

6.Mr.S.Viswanathan, The Secretary, Non-Gazetted Government Officers Aided Elementary School, Nagamalai Pudukottai, Madurai -19, Madurai District.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to provide the retirement benefits including gratuity and provident fund with interest at the rate of 12% from the date of retirement i.e., 31.03.2014 to the petitioner within the time stipulated by this Court.

For Petitioner ...

Mr.T.Aswin Rajasimman For Respondents ...

Mr.V.Muruganandam, AGP (R1 to R4) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This Writ Petition has been filed, praying for issuance of a Writ of Mandamus, directing the respondents to provide the retirement benefits including gratuity and provident fund with interest at the rate of 12% from the date of retirement i.e., 31.03.2014 to the petitioner within the time stipulated by this Court.

2.Mr.V.Muruganandam, the learned Additional Government Pleader takes notice for the respondents 1 to 4. By consent of both parties, the writ petition itself is taken up for final disposal.

3. Even though the learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that the representation of the petitioner will be considered on merits, it does not going to help or give solution to the relief sought for by the petitioner. Hence, this Court directs the respondents 1 to 4, to release the terminal benefits of the petitioner together with interest at 9% per annum from the date of retirement i.e., 31.03.2014, within a period of six months from the date of receipt of a copy of this order, if the petitioner is other wise eligible and the amount is not yet released so far.

4. With the above direction, this Writ Petition is disposed of No. costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Per.Admn.) /TRUE COPY/ Sub Assistant Registrar To 1.The Director of Elementary Education, Chennai.

2.The Joint Director (Aided Schools), Cum Appellate Officer, Directorate of Elementary Education, Chennai - 600 006.

3.The District Elementary Educational Officer, Madurai - 1, Madurai District.

4.The Assistant Elementary Educational Officer, Block-1, Thirupparankundram Circle, Thirunagar, Madurai - 625 006, Madurai District.

+1cc to Mr.T.Lajapathi Roy, Advocate, SR.No. 22918 W.P.(MD) No.5289 of 2015 27/4/2015 mpk PA/08.05.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/