Pitchayammal v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.20579 of 2023 and W.M.P(MD) No.22530 of 2023 Pitchayammal ... Petitioner Vs.
1. The Director of School Education, Office of the Director of School Education, D.P.I. Complex, College Road, Nungambakkam, Chennai - 600 006.
2. The Accountant General, Office of the Accountant General, 36, Annasalai, Tenampet, Chennai - 600 018.
3. The District Education Officer, Office of the District Education Officer, Melur Education District, Melur, Madurai - 625 106.
4. M/s. Government Boys Higher Secondary School, Represented by its Head Mistress, Alanganallur, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to 1/5
accept the pension proposal from the petitioner under the old pension Scheme and to pay General Provident Fund, Special Provident Fund by enrolling the petitioner under the Old Pension Scheme and other monetary benefits to the petitioner within a specific period that may be fixed by this Court. For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.V.Om Prakash Government Advocate For -R1, R3 and R4 : Mr.P.Gunasekaran Standing Counsel- for R2
O R D E R
The present writ petition has been filed by a Water Carrier, who was working in the Government School seeking a mandamus to disburse her terminal benefits.
2. According to the writ petitioner, she was appointed as a Water Carrier on 02.04.1984 and she was regularized on 30.03.2010 with effect from 02.04.1984. She attained superannuation on 31.01.2018, however, so far, the terminal benefits have not been released. Hence, the present writ petition.
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3. Per contra, the learned Government Advocate appearing for the respondents 1, 3 and 4 contended that the petitioner was not co-operating in submitting the papers to the school authorities, only then it could be forwarded to the Accountant General Office. On directions from the Court, the petitioner has approached the school authorities and submitted certain papers. However, the petitioner has not signed in the G.P.F closure forms.
4. In view of the direction of this Court, the fourth respondent herein has forwarded the papers to the second respondent on 15.11.2023. The covering letter for the said proposal has been received by the learned counsel appearing for the second respondent herein.
5. In view of the above said facts, the second respondent herein is directed to pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 3/5
6. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
20.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The Director of School Education, Office of the Director of School Education, D.P.I. Complex, College Road, Nungambakkam, Chennai - 600 006.
2. The Accountant General, Office of the Accountant General, 36, Annasalai, Tenampet, Chennai - 600 018.
3. The District Education Officer, Office of the District Education Officer, Melur Education District, Melur, Madurai - 625 106.
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R.VIJAYAKUMAR,J.
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