Dr.R.Sekar v. C.B.M.College
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.No.21715 of 2015 and M.P.Nos.1 to 3 of 2015 Dr.R.Sekar, Associate Professor (Retired), Department of Chemistry, C.B.M.College, Coimbatore-641 042.
... Petitioner .. Vs ..
1. C.B.M.College, Represented by its Secretary, Coimbatore-641 042.
2. The Regional Joint Director of Collegiate Education, Coimbatore Region, Coimbatore-641 018.
3. The Treasury Officer, Coimbatore Huzur Treasury, Coimbatore-641018.
4. Accountant General, Office of the Accountant General, Teynampet, Chennai-600 018.
... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to disburse all the terminal benefits of the petitioner with 18% interest per annum.
For Petitioner :
Mr.R.Subramanian For RR-2 and 3 :
Mr.S.Gunasekaran, Government Advocate For R-4 : Mr.V.Vijayshankar
ORDER
The petitioner joined the services of the first respondent College as Assistant Professor in Chemistry on 01.08.1985. He rendered more than 28 years of service. He retired from service on 30.06.2014. Since his terminal benefits are not settled, the writ petition is disposed of with the following directions:- i] The first respondent is directed to forward the proposals for the rectification of pay anomaly in the pay of petitioner in comparison to the pay of his junior Dr.M.P.Ramarajan as per the proceedings of the Director, Collegiate Education vide Na.Ka.No.1321/J1/2012, dated 01.02.2013 with effect from 20.05.2010, to the Regional Joint Director of Collegiate Education, the second respondent herein;
ii] The first respondent is also directed to send the proposals for re-employment of the petitioner to the second respondent / Regional Joint Director of Collegiate Education, and also to claim salary for the period of reemployment; iii] The first respondent is further directed to forward the bills for the encashment of earned leave and unearned leave on private affairs to the second respondent / Regional Joint Director of Collegiate Education;
iv] Further, the first respondent is directed to send the proposals relating to pension and DCRG etc., to the second respondent / Regional Joint Director of Collegiate Education.
2. The first respondent is directed to send the aforesaid proposals to the second respondent, within a period of four weeks from the date of receipt of a copy of this order and the second respondent is directed to pass appropriate orders thereon, within a period of four weeks thereafter. The second respondent shall see that the petitioner College sent the proper proposals and pass an appropriate order relating to terminal benefits and send the same to the fourth respondent as early as possible and the fourth respondent is directed to authorize the same on receipt of the proposals from the second respondent.
3.The Writ Petition is disposed of in the above terms. No costs. The connected Miscellaneous Petitions are closed. -Sd/- Assistant Registrar //True copy// Sub Assistant Registrar To
1. C.B.M.College, Represented by its Secretary, Coimbatore-641 042.
2. The Regional Joint Director of Collegiate Education, Coimbatore Region, Coimbatore-641 018.
3. The Treasury Officer, Coimbatore Huzur Treasury, Coimbatore-641018.
4. Accountant General, Office of the Accountant General, Teynampet, Chennai-600 018.
+ 1 cc to Mr.Subramanian (sr.37006) + 1 cc to Government pleader (SR.37057) km(CO) cp 03.08.2015 w.p.no. 21715 of 2015