Madras High CourtWP(MD)/20491/2016disposed of

N.Nagarajan, S/O.A.Nagaiah v. The District Elementary

2016-10-25Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2016

CORAM:

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20491 of 2016 N.Nagarajan : Petitioner Vs.

1.The District Elementary Educational Officer, Thanjavur District, Thanjavur.

2.The Assistant Elementary Educational Officer, Ammapettai, Thanjavur District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to release pending amount of G.P.F. with interest to the petitioner as per representation made by the petitioner, dated 21.09.2016.

For Petitioner : Mr.K.K.Kannan For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

This writ petition has been filed for issuance of Writ of Mandamus, directing the second respondent to release the pending amount of G.P.F. with interest, to the petitioner, by considering his representation, dated 21.09.2016.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader who took notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.The case of the petitioner is that the petitioner, who was working as a teacher in the Panchayat Union Middle School, Vadakku Mangudi, Ammapettai Union, Thanjavur District, retired from service on 31.07.2008. All the terminal and retirement benefits were disbursed to him. However, 10% of the GPF amount payable to him, has been retained by the second respondent towards https://hcservices.ecourts.gov.in/hcservices/

confirmation that no enquiry or disciplinary proceedings pending against him. Normally, after one month from the date of retirement, the withheld amount of GPF will be paid to the retired persons by the Government. But the second respondent failed to make payment of arrears of GPF amount to the petitioner inspite of repeated representations. Therefore, this writ petition has been filed.

4.The learned counsel for the petitioner has produced the proceedings of the first respondent, dated 14.10.2016, wherein the second respondent has been directed to look into the grievance of the petitioner and to take further action.

5.The learned Additional Government Pleader would submit that it is agreeable for the second respondent to consider the representation of the petitioner and to pass appropriate orders within a period of two weeks.

6.Recording the submission made by the learned Additional Government Pleader, for the respondents, the second respondent is directed to consider the representation of the petitioner dated 21.09.2016 in the light of the proceedings of the first respondent, dated 14.10.2016 and to pass orders on merits and in accordance with law, within a period of two 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(Crl.side) /True Copy/ Sub Assistant Registrar To 1.The District Elementary Educational Officer, Thanjavur District, Thanjavur.

2.The Assistant Elementary Educational Officer, Ammapettai, Thanjavur District.

+1 cc to MR.K.K.KANNAN, Advocate SR.No.63432 +1 cc to Special Government Pleader Sr.NO.64242 ORDER MADE IN W.P(MD)No.20491 of 2016 25.10.2016 SMA/CK/17.11.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/