Dr. S.Thirugnanakumar, v. The Annamalai University

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Dr.S.Thirugnanakumar ...

Petitioner VS.

1.The Annamalai University Rep. by its Registrar Annamalai Nagar, Cuddalore District - 608 002.

2.The State of Tamil Nadu Rep. by its Secretary Higher Education Department Fort St. George, Chennai - 600 009.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents to forthwith settle the remaining 50% of the retiral dues inclusive of Gratuity, encashment of earned leave commutation and 7th Pay Commission Arrears which has been withheld, with interest at the rate of 24% per annum from the date on which the same fell dues. For Petitioner :

Ms.N.R.Jasmine Padma For Respondent-1 :

Mr.Gautham S. Raman For Respondent-2 :

Mr.C.Jayaprakash Government Advocate 1/5

O R D E R

This writ petition has been filed in the nature of a Mandamus seeking a direction against the respondents, particularly the first respondent, to settle 50% of the retiral benefits which is due and payable to the petitioner, including Gratuity, Encashment of Earned Leave commutation and 7th Pay Commission arrears to the petitioner herein, together with interest.

2.In the affidavit filed in support of this writ petition, it had been stated that the petitioner was initially appointed as a Lecturer on 02.07.1993 and was subsequently promoted to the post of Senior Scale Lecturer, then to Reader, and later to Professor. The petitioner also served as the Head of the Department of Genetics and Plant Breeding in the Faculty of Agriculture at the first respondent University. He retired from service on 30.06.2022 upon attaining the age of superannuation. 3.The first respondent claimed that due to a financial crisis, they could only pay 50% of the petitioner's retiral benefits, and this 2/5

amount has already been paid. In the communication dated 27.07.2022, it was stated that the balance 50% would be paid within a reasonable period of time. However, nearly three years have passed, and the petitioner has not received the remaining 50%. This delay has necessitated the petitioner to file the present writ petition. 4.The learned counsel appearing for the first respondent submits that the first respondent will make every effort to pay the remaining 50% of the retiral benefits within a period of three months. 5.Accordingly, a direction is issued to the first respondent to pay the balance 50% of the dues to the petitioner within a period of three months from the date of receipt of a copy of this order. It would also be appropriate for the first respondent to pay interest on the outstanding amount. Therefore, the first respondent is directed to pay interest at the rate of 6% per annum from the date on which the earlier 50% was paid until the date of actual disbursement of the remaining 50%. 3/5

6.The writ petition stands disposed of. No costs. 01.04.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK To 1.The Registrar Annamalai University Annamalai Nagar, Cuddalore District - 608 002.

2.The Secretary Government of Tamil Nadu Higher Education Department Fort St. George, Chennai - 600 009.

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C.V.KARTHIKEYAN, J.

TK 01.04.2025 5/5