Dr.D.Sakthignanavel v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.34033 of 2017 Dr.D.Sakthignanavel ..

Petitioner Professor -vs1.The Registrar, Pondicherry University, R.V.Nagar, Kalapet, Puducherry-605 014.

2.The Finance Officer, Pondicherry University, R.V.Nagar, Kalapet, Puducherry-605 014.

3.Dr.D.Sultana ..

Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to reimburse the expenditure incurred by the petitioner to the tune of Rs.2,59,778/- (Rupees Two Lakhs Fifty Nine Thousand Seven Hundred and Seventy Eight Only) personally towards inter University Sports activities held during his tenure as Director in-charge, Directorate of Sports and the Head of the Department of Physical Education and Sports during the year 2013-2014 along with interest as on date. For Petitioner : Mr.S.Subramanian For Respondents : Mr.Stalin Abhimanyu 1 and 2 Standing Counsel

ORDER

The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to reimburse the expenditure incurred by the petitioner to the tune of Rs.2,59,778/- (Rupees Two Lakhs Fifty Nine Thousand Seven Hundred and Seventy Eight Only) personally towards inter University Sports activities held during his tenure as Director

in-charge, Directorate of Sports and the Head of the Department of Physical Education and Sports during the year 2013-2014 along with interest as on date.

2.

Learned Counsel for the petitioner submitted that the petitioner was previously holding the post of the Head of the Department of Physical Education and Sports and Director in Charge, Directorate of Sports in Pondicherry University during the years 2012-2014. During this period, the University participated in several inter-collegiate and inter-university tournaments. Since no advance amount was sanctioned for this purpose, the petitioner spent his own money to see that the teams participated in the inter-university tournaments hoping that the amount spent by him would be promptly reimbursed by the University. During 2014, the petitioner relieved from the said post and the 3rd respondent was appointed in the said post. Though the petitioner was waiting with the fond hope that the amount spent by him would be reimbursed by the University, not even a single paise has been reimbursed till date. In this regard, the petitioner has sent several representations to the respondents from 03.11.2014 till 6.10.2017. But, there was no response for the same. Hence the present Writ Petition. 3.

Heard the learned Counsel for the petitioner and the learned Standing Counsel appearing for the respondents 1 and 2. 4.

This Court finds no merit in the Writ Petition. When the petitioner claims to be the Director in-charge, Directorate of Sports and the Head of the Department of Physical Education and Sports during the year 2013-2014 in Pondicherry University, it is not known how can on his own, he spent his personal money to meet out the expenditure incurred in the inter collegiate and inter University Tournaments. When the Head of the Department has to get appropriate sanction or order for organising the inter University Sports Activities, without getting any written prior approval, he should not have spent money from his pocket. Therefore, doubting his request, it appears that his request has not been considered by the respondents.

5.

I also agree with the stand taken by the respondents. If the request of the petitioner is considered, perhaps, his successors would also claim huge amount, without even spending the same, citing this case as a precedent. Moreover, when there is no written permission for the petitioner to take up such inter-collegiate and inter-university tournaments, he ought not to have ventured into such an exercise.

6. In view of all the above, the Writ Petition fails and the same is accordingly dismissed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar tsi To 1.The Registrar, Pondicherry University, R.V.Nagar, Kalapet, Puducherry-605 014.

2.The Finance Officer, Pondicherry University, R.V.Nagar, Kalapet, Puducherry-605 014.

+1cc to Mr.S.Subramanian, Advocate, S.R.No.382 +1cc to Mr.Stalin Abhimanyu, Advocate, S.R.No.571 W.P.No.34033 of 2017 EV(CO) RRK(19/01/2018)