Madras High CourtWP(MD)/4527/2017disposed of

S.Vasantha Kumari v. The Principal Account General

2017-03-17Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4527 of 2017 S.Vasantha Kumari .. Petitioner Vs.

1. The Principal Accountant General(A&E), Accountant General Office, Chennai -18.

2. The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

3. The Assistant Elementary Educational Officer, Radhapuram Union, Tirunelveli District. .. Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to disburse the petitioner's retirement benefits i.e. Provident fund along with 18% interest from 31.05.2016 till the date of realization by considering the representation of the petitioner, dated 30.01.2017.

For Petitioner : Mr.S.C.Herold Singh For R-1 : Mr.V.Gunasekaran For R-2 and R-3 : Mr.V.Pandi, Government Advocate *****

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondent to disburse the petitioner's retirement benefits i.e. Provident fund along with 18% interest from 31.05.2016 till the date of realization by considering the representation of the petitioner dated 30.01.2017.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the first respondent and the learned Government Advocate appearing for the respondents 2 and 3.

3. Mr.V.Gunasekaran, learned counsel takes notice for the first respondent and Mr.V.Pandi, learned Government Advocate takes notice for the respondents 2 and 3. By consent, the Writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/

4. Though the Writ petition is for issuing a positive direction, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents 2 and 3 to consider the representation of the petitioner, dated 30.01.2017.

5. Considering the limited scope of the prayer now sought for in the Writ petition, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following direction:- "The respondents 2 and 3 are directed to consider the representation of the petitioner, dated 30.01.2017, 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."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To

1. The Principal Accountant General(A&E), Accountant General Office, Chennai -18.

2. The District Elementary Educational Officer, Tirunelveli Union, Tirunelveli District.

3. The Assistant Elementary Educational Officer, Radhapuram Union, Tirunelveli District.

+1 CC to Mr.S.C.Herold Singh, Advocate, SR No.15398/17. +1 CC to Mr.P.Gunasekaran, Advocate, SR No. 15456/17. +1 CC to M/s.The Special Government Pleader, SR No. 15804/17. PMU PSM/SV-MMS/SAR3/04.04.2017/2P/7C ORDER MADE IN W.P.(MD).No.4527 of 2017 17.03.2017 https://hcservices.ecourts.gov.in/hcservices/