Disposed

Raghunath.D v. The District Revenue Officer/General Manager

Madras HC7 Feb 2024WP(MD)/2476/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Madurai Bench of the Madras High Court directed the respondent society to consider the petitioner's representation for disbursement of provident fund and pass appropriate orders within twelve weeks, holding non-consideration as dereliction of duty.

What did the court decide?

Direct perusal of representation dated 07.11.2023 and passing appropriate orders within twelve weeks.

Raghunath.D Vs The District Revenue… — Pension and Retirement Benefits | Madras HC (2024)

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W.P(MD).No.2476 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated: 07.02.2024

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CORAM:

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THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD).No.2476 of 2024

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D.Raghunath ....Petitioner

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The District Revenue Officer/General Manager, Tirucirapalli District Co-operative Milk Producers Union Ltd., Kottapattu, Trichu-23. ...Respondent

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Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to disburse the provident fund with interest based on the petitioner's representation, dated 07.11.2023 within a period stipulated time by this Court.

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For Petitioner : M/s.M.Maria Vinolia

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For Respondent :Mr.J.K.Jayaseelan Government Advocate

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ORDER

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The present writ petition has been filed seeking direction to the respondent to disburse the provident fund with interest based on the petitioner's representation, dated 07.11.2023 within a period stipulated time by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P(MD).No.2476 of 2024

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By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.

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The petitioner was employed as a Manager (Scheme) in the procurement and input section in the respondent Society vide proceedings, dated 09.07.2018. He was selected as Veterinary Assistant Surgeon in Animal Husbandry Department through TNPSC and hence, he was relieved from the service of Manager in the respondent society vide proceedings, dated 04.05.2022. While he was served as a Manager, Provident Fund deposit has been deducted from his salary by his employer and his Provident Fund Account Number is UAN No.101330939979. He made an application to get his full deposit Employee Provident Fund. However, the same was not granted to him and hence, he made a representation on 07.11.2023 to release his Provident Fund. Since the same was not considered, this writ petition came to be filed.

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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 the respondent 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

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such, non-consideration of the representation made by the Statutory Authority https://www.mhc.tn.gov.in/judis

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W.P(MD).No.2476 of 2024

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would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

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Without going into the merits of the case, this Court hereby direct

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the respondents to consider the representation of the petitioner, dated 07.11.2023 and and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of copy of this order.

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Accordingly, this Writ Petition stands disposed of. No costs.

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07.02.2024.

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Internet : Yes Index : Yes/No NCC : Yes/No

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gbg

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The District Revenue Officer/General Manager, Tirucirapalli District Co-operative Milk Producers Union Ltd., Kottapattu, Trichu-23.

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https://www.mhc.tn.gov.in/judis

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W.P(MD).No.2476 of 2024

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L.VICTORIA GOWRI, J.

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gbg

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W.P.(MD).No.2476 of 2024

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07.02.2024

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https://www.mhc.tn.gov.in/judis

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Raghunath.D v. The District Revenue Officer/General Manager

Case brief

What is this about?

What did the court decide?

Raghunath.D v. The District Revenue Officer/General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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