B.Aruna @ Aruna Gopalan v. The Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.5453 of 2020 B.Aruna @ Aruna Gopalan ... Petitioner vs.

1.The Registrar, University of Madras, Chepauk, Chennai - 600 005.

Tamil Nadu.

2.The Punjab National Bank, Main Branch, No.17, Rajaji Salai, Chennai - 600 001.

... Respondents [R2 impleaded vide order dated 02.03.2021 made in W.M.P.No.2861 of 2021 in W.P.No.5453 of 2020] Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to disburse the petitioner's father's retirements benefits in entirety together with appropriate interest vide representation dated 1st May 2019. For Petitioners : Mr.M.Arunachalam For Respondents : Mr.A.S.Vijayaragavan Standing Counsel (for R1) No Appearance (for R2)

O R D E R

This writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondent to disburse the petitioner's father's retirements benefits in entirety together with appropriate interest vide representation dated 01.05.2019.

2. According to the writ petitioner, the writ petitioner has made a representation dated 01.05.2019 before the 1st respondent requesting for settlement of the retirement benefits

and family pension of his father. The amount has not been settled by the 1st respondent. Therefore, she filed the instant writ petition before this Court.

3. The learned Standing Counsel appearing for the 1st respondent would submit that the petitioner's mother has filed T.O.S. No.7 of 1991 before this Court. While pending the aforesaid T.O.S.No.7 of 1991, the petitioner's mother is died. Therefore, the final decree has been passed in favour of the petitioner. By virtue of the direction issued by this Court, the 1st Respondent/University of Madras has deposited the amount in the Punjab National Bank in the name of the Registrar General of this Court and the same is lying in the name of the Registrar General of this Court. The petitioner having the grievance that she can seek appropriate remedy before filing an appropriate application to refund of the said amount.

4. Insofar as the family pension is concerned, the petitioner make such application before the authority concerned and the same would be considered in the light of the decree passed by this Court in T.O.S.No.7 of 1991 dated 27.06.2006.

5. Recording the aforesaid statement of the learned Standing Counsel appearing for the 1st respondent, this Court is given liberty to the petitioner to approach the 1st respondent to seek her father's retirement benefits. Based on such application, the 1st respondent is directed to consider and pass appropriate decision in accordance with law and communicate the decision taken to the petitioner at an earliest, without any delay.

6. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar dm To

1. The Registrar, University of Madras, Chepauk, Chennai - 600 005.

Tamil Nadu.

2. The Punjab National Bank, Main Branch, No.17, Rajaji Salai, Chennai - 600 001.

Copy To

1. The Registrar General, High Court, Madras-104.

2. The Sub Assistant Registrar, Original Side, High Court Madras.

+1cc to Mr.M.Arunachalam, Advocate SR.No.18640 +1cc to Mr.A.S.Vijayaragavan, Advocate SR.No.18708 W.P.No.5453 of 2020 GMR(CO) GMY(06/04/2022)