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Madras High CourtWP(MD)/8878/2016disposed of

C.Pazhamudhir Pangi v. The District Elementary

2021-02-23Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.Pazhamudhir Pangi .. Petitioner Vs 1.The District Elementary Educational Officer, District Elementary Educational Office, Southern Colony, Srimathi Complex, Trichy-620 020.

2.The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Manachanallur, Trichy District-621 005.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to sanction the Part Final General Provident Fund Loan of a sum of Rs.1,86,000/- (Rupees one lakh and eighty six thousand only) within the time limit stipulated by this Court. For Petitioner : Ms.M.Anbarasi For Respondents : Mr.C.M.Marichelliah Prabhu Additional Government Pleader

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. The prayer sought for in the present writ petition is for a direction to the second respondent to sanction the Part Final General Provident Fund Loan of a sum of Rs.1,86,000/- (Rupees one lakh and eighty six thousand only) within a time limit.

2. The case of the petitioner is that the petitioner is working as Headmistress in Panchayat Union Elementary School, Panamangalam. In such circumstances, the petitioner made an application on 12.04.2016 for General Provident Fund part final loan for a sum of Rs.1,86,000/- (Rupees one lakh and eighty six thousand only) for the purpose of medical treatment to her 1/3

husband. But till date her application has not been considered by the second respondent. Hence, the petitioner approached this Court with the above said prayer.

3. The learned counsel for the petitioner would submit that it would be suffice if a direction is issued to the second respondent to consider the application of the petitioner within a reasonable time as fixed by this Court.

4. Though the respondents filed counter, wherein it is stated that the petitioner failed to apply with proper enclosures and records along with the application, however, the learned Additional Government Pleader would submit that if the petitioner is directed to produce the necessary records along with fresh application, the respondents may consider the request made by the petitioner.

5. Heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the materials placed on record.

6. Considering the limited request made by the petitioner and without going to the merits of the case, I am inclined to issue a direction to the first respondent to consider the application of the petitioner within a stipulated time. Accordingly, the petitioner is directed to file a fresh application along with the necessary documents required by the second respondent within a period of two weeks from the date of receipt of a copy of this order. On such application, the second respondent is directed to consider the same and pass appropriate orders, within a period of six(6) weeks, if there is no legal impediments to do so.

7. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL 2/3

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To 1.The District Elementary Educational Officer, District Elementary Educational Office, Southern Colony, Srimathi Complex, Trichy-620 020.

2.The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Manachanallur, Trichy District.621 005.

+1 CC to SPL GP ( SR-6964[F] dated 24/02/2021 ) +1 CC to MR.D.SELVANAYAGAM, Advocate ( SR-7021[F] dated 24/02/2021 ) W.P.(MD).No.8878 of 2016 23.02.2021 KM (24.03.2021) 3P 5C 3/3