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Madras High CourtWP(MD)/15599/2018closed

M.Shariath Beevi v. The Accountant General

2021-12-03Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.12.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD).No.15599 of 2018 M.Shariath Beevi ... Petitioner vs.

1.The Accountant General (A & E) Tamil Nadu, 261, Anna Salai, Chennai 600 018.

2.The District Collector, Madurai District, Madurai.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to disburse the retirement benefits (except pension) to the petitioner on account of the petitioner's husband Late Mohamed Lathif, who worked under the third respondent within the time frame fixed by this Court.

For Petitioner : Mr.M.Kannan For R1 : Mr.P.Gunasekaran For R2 & R3 : Mr.A.K.Manikkam Special Government Pleader

O R D E R

In continuation with order dated 29.11.2021, where the submission of the learned Special Government Pleader to the effect that the retirement benefits of the petitioner's husband has been settled was recorded, today, written instructions in Na.Ka.No.5222/2021/A4, dated 02.12.2021, are circulated to the following effect:

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ORDER:- "Thiru I.Mohamed Lathiff, Special Grade Office Asst. Taluk Office, Tirumangalam has retired from service on 31.08.2000 A.N. on superannuation.

He was admitted to the Tamil Nadu Govt. Employees Special Provident Fund cum Gratuity Scheme from April 1984 and he had been subscribing to the Scheme regularly from April '84 to July 1996 continuously for 148 instalments. In exercise of the powers conferred in Rule 13 of the Tamil Nadu Govt. Employees Spl. Provident Fund - cum - Gratuity Scheme 1984 issued in the G.O. cited, sanction is hereby accorded for the sum of Rs.12,963/- (Rupees Twelve Thousand Nine Hundred and Sixty Eight only) which is due to him as follows:

Principal (subscription) Rs.2960/- Interest up to 8/2000 5008/- Govt. Contribution 5000/- ---------- Total Rs.12963/- ----------- (Rupees Twelve Thousand and Nine Hundred and Sixty Three only).

The expenditure is debitable to the head of account as noted below:-

1) Subscription :- Rs.2960/- "8001.Savings Bank Deposits (a) Small Savings .. 00 Savings Deposits .. 102.State Savings Bank Deposits A5. Tamil Nadu Govt. Employees Special Provident Fund - cum -Gratuity Scheme 01. Subscription" (D.P.Code 8001.00.102.AB.0103")

2) Interest upto 8/2000: Rs.5003/-.

"8001.Savings Bank Deposit (a) Small Savings 00. Savings Deposits 102. State Savings Bank Deposits A5. Tamilnadu Govt.Employees Spl.Provident Fund - cum Gratuity Scheme 02. Interest" (D.P.Code 8001.00.102.AB.02.01)

3) Govt. Contribution Rs.5,000/- "2235.Social Security and Welfare Programme. 60. Social Security Welfare Programme 200, Special Security Welfare. I.Non Plan. B.E.Tamil Nadu Govt. Employees Spl.Provident Fund cum Gratuity Scheme 10.Govt. Contribution"

(D.P.Code 2235.60.200.B.E.1008)"

The amount will be drawn in T.N.T.C.Form 40(a) Separately."

2. Mr.A.K.Manikkam, learned Special Government Pleader would thus submit that the retirement benefits have been settled in entirety.

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3. Nothing survives in this Writ Petition and the same is closed. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) akv Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Accountant General (A & E) Tamil Nadu, 261, Anna Salai, Chennai 600 018.

2.The District Collector, Madurai District, Madurai.

3.The Tahsildar, Thirumangalam Taluk, Madurai District.

+1 CC to M/s.M.KANNAN, Advocate ( SR-37628[F] dated 07/12/2021 ) +1 CC to M/s.SPL GP ( SR-37413[F] dated 06/12/2021 ) W.P.(MD).No.15599 of 2018 03.12.2021 MGJ(20.12.2021) 3P 6C 3/3