Case Note & Summary
The petitioner, wife of a deceased municipal employee, filed a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the respondents to disburse Rs.6,49,848/- towards final payment of Employees' Provident Fund (EPF) account with 12% interest per annum from the date of her husband's retirement on 31.05.2018 until actual disbursement. The respondents included the Commissioner of Municipal Administration, Regional Director of Municipal Administration, Commissioner of Devakottai Municipality, and Director of L.F.Audit. During the hearing, the Additional Government Pleader placed proceedings of the Accounts Officer, CTA (CPS Wing), Chennai, indicating that an amount of Rs.9,77,394/- had been sanctioned in favour of the petitioner. In view of this development, the Court observed that no further adjudication was required. Consequently, the High Court directed the respondents to disburse the sanctioned amount to the petitioner forthwith, if not already paid, and disposed of the writ petition with no order as to costs.
Headnote
A) Service Law - Retirement Benefits - Employees' Provident Fund - Constitution of India, 1950, Article 226 - Petitioner sought mandamus for disbursal of EPF amount due to her deceased husband with 12% interest from retirement till actual payment - Court noted that an amount of Rs.9,77,394/- had been sanctioned as per proceedings of the Accounts Officer - Held that respondents are directed to disburse the sanctioned amount forthwith, and if already paid, the petition is disposed of; no costs. (Paras 1-2)
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing respondents to disburse the final payment of EPF account with 12% interest per annum from the date of retirement till actual disbursement.
Final Decision
In view of the proceedings of the Accounts Officer, CTA (CPS Wing), Chennai - 35, wherein it is stated that an amount of Rs.9,77,394/- has been sanctioned in favour of the petitioner, the respondents are directed to disburse the sanctioned amount in favour of the petitioner forthwith, if not already paid. With this direction, this writ petition is disposed of. No costs.
Law Points
- Court directs disbursal of EPF amount with 12% interest from date of retirement till actual payment
- acknowledgment of sanctioned amount
