S.Vasantha v. The Assistant Director Of Survey
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Vasantha ... Petitioner -vs1.The Assistant Director of Survey, Office of the Assistant Director of Survey, District Collectorate Complex, Ramanathapuram, Ramanathapuram District.
2.The Tahsildar, Taluk Office, Mudukulathur Taluk, Ramanathapuram District - 623 704.
3.The Accountant General (Accounts and Entitlements), Office of the Accountant General (A and E), No.361, Anna Salai, Teynampet, Chennai - 600 018.
4.The District Treasury Officer, Office of the District Treasury Officer, Ramanathapuram, Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to disburse the General Provident Fund amount payable to the petitioner's deceased husband Sekar of a sum of Rs.18,39,413/- along with other retirement benefits by
considering the petitioner's representation dated 06.06.2025, within the time that may be stipulated by this Court.
For Petitioner : Mr.C.Gangai Amaran For R1, R2 and R4 : Mr.K.Balasubramani Special Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the respondents to disburse the General Provident Fund amount of Rs.18,39,413/- and other retirement benefits payable to the petitioner's deceased husband, Sekar, by considering the petitioner's representation dated 06.06.2025, within the time stipulated by this Court.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The petitioner submits that her husband, Sekar, who had served the Survey Department for over 30 years without any adverse remarks, died in harness on 02.01.2025 while working as a Taluk Head Surveyor. After his death, the petitioner, being his legally wedded wife and the sole legal heir as per the
Legal Heirship Certificate issued by the second respondent on 23.02.2025, submitted a representation dated 26.01.2025 seeking disbursement of all retirement benefits, including the General Provident Fund (GPF) amount of Rs.18,39,413/-.
4. Despite forwarding of E-authorization to the Sub-Treasury, Mudukulathur on 21.05.2025 and a further representation dated 06.06.2025 reiterating her request, the respondents have not disbursed the GPF amount, causing the petitioner undue mental agony and financial hardship. She has also availed loans for house construction and is under financial stress. As per G.O.Ms.No.393, Finance (Pension) Department, dated 20.12.2019 and Rule 7 of the GPF (Tamil Nadu) Rules, the amount ought to have been paid without delay. Therefore, the petitioner prays for a direction to the respondents to disburse the GPF amount and other retirement benefits due to her deceased husband, along with consideration of her representation dated 06.06.2025, within a time frame stipulated by this Court.
5. Heard the learned counsel appearing for the parties.
6. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
7. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 06.06.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.
8. With the above directions, the Writ Petition stands disposed of. There
shall be no order as to costs.
NCC : Yes / No 30.06.2025 Index : Yes / No smn2 To:- 1.The Assistant Director of Survey, Office of the Assistant Director of Survey, District Collectorate Complex, Ramanathapuram, Ramanathapuram District.
2.The Tahsildar, Taluk Office, Mudukulathur Taluk, Ramanathapuram District - 623 704.
3.The Accountant General (Accounts and Entitlements), Office of the Accountant General (A and E), No.361, Anna Salai, Teynampet, Chennai - 600 018.
4.The District Treasury Officer, Office of the District Treasury Officer, Ramanathapuram, Ramanathapuram District.
VIVEK KUMAR SINGH , J.
smn2 30.06.2025