Maria Savuri v. The Commissoner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Maria Savuri ... Petitioner Vs.

1.The Commissioner, Treasury & Accounts Department, Guindy, Chennai 600 025.

2.The Chief Educational Officer, Ramanathapuram District, Ramanathapuram.

3.The District Educational Officer, District Educational Office, Paramakudi, Ramnad District.

4.The Sub Treasury Officer, Sub Treasury, Mudukulathur, Ramanathapuram.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the third respondent to pay the amount available under Contributory Pension Scheme in respect of Tmt.S.Rajeswari (late) in CPS A/c No.402602/SEAI to the petitioner by considering the petitioner's representation dated 29.07.2019, within the period that may be stipulated by this Court.

For Petitioner : Mr.K.S.Durai Pandian For R1, R3 & R4 : Mr.A.Muthukaruppan Additional Government Pleader For R2 :Mrs.S.Srimathy Special Government Pleader

ORDER

This Writ Petition has been filed to direct the third respondent to pay the amount available under Contributory Pension Scheme in respect of Tmt.S.Rajeswari (late) in CPS A/c 1/3

No.402602/SEAI to the petitioner.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents 1, 3 and 4 and Mrs.S.Srimathy, learned Special Government Pleader takes notice for the second respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3.The learned counsel for the petitioner would submit that with reference to the prayer sought for in this writ petition, the petitioner sent a representation to the third respondent on 29.07.2019. But, no action has been taken till date. Hence, the petitioner is before this Court for the relief stated supra. In support of his contention, the counsel for the petitioner relied on the final authorization of the first respondent dated 12.02.2019, authorizing the third respondent to make final payment with a validity of six months.

4.In reply, the learned Additional Government Pleader appearing for the respondents 1, 3 and 4 would submit that the petitioner's representation dated 29.07.2019, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

5.In agreement with the submission made by the learned Additional Government Pleader, without expressing any opinion on the merits of the case, this Court directs the third respondent to consider the petitioner's representation dated 29.07.2019, and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) mm To 1.The Commissioner, Treasury & Accounts Department, Guindy, Chennai 600 025.

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2.The Chief Educational Officer, Ramanathapuram District, Ramanathapuram.

3.The District Educational Officer, District Educational Office, Paramakudi, Ramnad District.

4.The Sub Treasury Officer, Sub Treasury, Mudukulathur, Ramanathapuram.

+1 CC to M/s.K.S.DURAI PANDIAN, Advocate ( SR-81324[F] dated 13/08/2019 ) +1 CC to M/s.SPL GP ( SR-81486[F] dated 13/08/2019 ) W.P.(MD)No.17627 of 2019 09.08.2019 KK/SAR/27.08.2019/3P-7C/ 3/3