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Madras High CourtWP(MD)/14435/2017closed

V. Meenakshi, v. The Accountant General

2021-03-17Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P(MD)No.11301 of 2017 V.Meenakshi ... Petitioner Vs.

1.The Accountant General Office of the Accountant General 261, Anna Salai, Chennai-600 018.

2.The District Treasury Officer, Office of the District Treasury, Tiruchirappalli, Tiruchirappalli District.

3.The Chief Educational Officer, Tiruchirappalli, Tiruchirappalli District.

4.The District Educational Officer, Tiruchirappalli, Tiruchirappalli District.

5.The Secretary, National College Higher Secondary School, Tiruchirappalli, Tiruchirappalli District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to sanction and disburse forthwith the retirement benefits to the petitioner viz., General Provident Fund, Death-cum-Retirement Gratuity, Family Pension, Special Provident Fund without insisting upon the Final judgment and decree in Original Suit No.173 of 2013 pending on the file of the Court of District Munsif, Tiruchirappalli.

For Petitioner : Mr.K.Prabhu for M/s.Issac Chambers For R1 : Mr.P.Gunasekaran For R2 to R4 : Mr.A.Karthik Government Advocate For R5 : Mr.Raguvaran Gopalan 1/3

O R D E R

This writ petition is filed for a direction to the the respondents to sanction and disburse the retirement benefits to the petitioner viz., General Provident Fund, Death-cum-Retirement Gratuity, Family Pension, Special Provident Fund, without insisting upon the Final judgment and decree in Original Suit No.173 of 2013 pending on the file of the Court of District Munsif, Tiruchirappalli.

2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submitted that this Court may grant liberty to the petitioner to file appropriate petition before the appropriate forum, since the said suit instituted by the first wife and her daughter in O.S.No.173 of 2013, is pending before the District Munsif Court, Tiruchirappalli.

3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.Considering the limited request made by the learned counsel for the petitioner, this Court grants liberty to the petitioner to file appropriate petition before the appropriate forum to work out his remedy in the manner known to law. Accordingly, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The District Treasury Officer, Office of the District Treasury, Tiruchirappalli, Tiruchirappalli District.

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

3.The District Educational Officer, Tiruchirappalli, Tiruchirappalli District.

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4.The Accountant General Office of the Accountant General 261, Anna Salai, Chennai-600 018.

+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-12097[F] dated 18/03/2021 +1 CC to M/s.SPL GP ( SR-12165[F] dated 18/03/2021 ) and W.M.P(MD)No.11301 of 2017 17.03.2021 KB(18.06.2021) 3P 7C 3/3