1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8852 of 2011 D.Thomas ... Petitioner -Vs- 1. The Accountant General Office of the Accountant General ( A & E) Tamil Nadu No.361, Anna Salai,Chennai - 600 018 2. The Head Master Government Higher Secondary School Thuckalay, Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent to pay the differential amount of Rs.39,990/- which was omitted to include while calculating the final settlement of the petitioner's General Provident Fund Account No. 84043/EDN by producing the Account Slip for the year 2006-2007 based on the petitioner's representation dated 11.02.2011 within the period stipulated. For Petitioner : Mr.G.Rahdakrishnan For 1st Respondent: Mr. P.gunasekaran O R D E R Mandamus sought in this Writ Petition is for a direction to the first respondent to pay the differential amount of Rs.39,990/-, on the ground that there is an omission to include the same, while calculating the final settlement of the petitioner's General Provident Fund Account No. 84043/EDN by producing the Account Slip for the year 2006-2007, based on the petitioner's representation dated 11.02.2011 within the period stipulated. The prayer cannot be granted for the reason that when the petitioner has sent a lawyer's notice, dated 07.05.2010, the Principal Accountant General (Accounts & Entitlements) Tamil Nadu has sent a reply, dated 06.07.2010, which is extracted hereunder:- "To Sri.S.Lawrence Advocate, 37-S.U.S. Building Thuckalay 629 175 Kanyakumari District Sir, Sub: Missing credits in respect of Thomas - GPF Account No. 84043/EDN - Reg. Ref: Your notice dated 07.05.2010 --- https://hcservices.ecourts.gov.in/hcservices/ 2 With reference to your notice cited it is stated that the account slip for the year 2006-2007 can not be issued at this distance of time. However, a verification of your client's Account revealed that the lumpsum refund of Rs.39,990/- has been posted to the subscriber's General Provident Fund Account in 8/2006 itself and included in the final withdrawal amount authorised to him on 11.07.2007. The details of final withdrawl amount authorised to him are as follows: PCA GPF Opening balance as on 1.4.2007 27433 (-)1193 Interest upto 6/2007 549 (-) 23 ------ ------- 27982 (-)1216 ------- ------- The amount authorised as final withdrawal including GPF Balance and PCA is Rs.26766/-. Hence, there are no missing credits and the missing credit of Rs.39990/- as claimed by your client has been accounted for and authorised." 2. When the first respondent, by way of reply, dated 06.07.2010, has already stated that a sum of Rs.39,990/- has been posted to the subscriber's General Provident Fund account in August 2006 itself and included in the final withdrawal amount authorised to him on 11.07.2007, the remedy open to the petitioner is to challenge the said order if it is erroneous. 3. Mandamus cannot be issued for any collateral challenge to an order. Hence, this Writ Petition is dismissed with liberty to the petitioner to challenge the reply, dated 06.07.2010, if so advised. No costs. vsg Sd/- Assistant Registrar[CO] /True copy/ To Sub Assistant Registrar 1. The Accountant General Office of the Accountant General ( A & E) Tamil Nadu No.361, Anna Salai, Chennai - 600 018 2. The Head Master Government Higher Secondary School Thuckalay, Kanyakumari District. +1 cc to Mr.G.Radhakrishnan, Advocate SR.No.26968. +1 cc to Special Government Pleader, SR.No.26763. W.P.(MD).No.8852 of 2011 Dated:08.08.2011 2P/5C RPB 19.08.2011 https://hcservices.ecourts.gov.in/hcservices/