Prof.S.A.Abbasi v. Pondicherry University Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 16.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.26499 of 2021 Prof. S.A. Abbasi ... Petitioner Vs.
1. The Pondicherry University rep. by The Registrar Pondicherry University Puducherry.
2. The Dean School of Engineering & Technology Pondicherry University Puducherry
3. The Dean (Research) Pondicherry University, Puducherry
4. The Head Centre for Pollution Control & Environmental Engineering Pondicherry University Puducherry.
5. Dr. Chandra Krishnamurthy ... Respondents Prayer: Writ petition filed under Section 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents 1 to 4 to pay the Leave Travel Concession claim amounting to Rs.45,983/- with further interest at the rate of 12% per annum with effect from 08.04.2014, till date of disbursement.
For Petitioner : Mr.R.Saravanan For Respondents : Mr.M. Ravi for R1
ORDER
This writ petition has been filed seeking direction to the respondents 1 to 4 to pay the Leave Travel Concession claim amounting to Rs.45,983/- with further interest at the rate of 12% per annum with effect from 08.04.2014, till date of disbursement.
2. The case of the petitioner in brief:
The petitioner was working as a professor in the Centre for Pollution Control & Environmental Engineering, Pondicherry University and was retired on Superannuation on 30.06.2015. According to the petitioner, there was no inquiry nor any court case pending against him, however, he was driven from pillar to post, without paying the retirement benefits for about six years.
Only after issuing legal notice on 17.02.2021, retirement benefits have been paid on 01.09.2021 and no interest was paid for the belated period. Further, the leave travel concession amount of Rs.45,983/- is due to the petitioner, to be paid by the University and the same was unjustly denied by the respondent. The petitioner had made several representations and also issued legal notice dated 17.02.2021 to the University. However, they are not respond the same. Hence this writ petition.
3. The learned counsel appearing for the petitioner submitted that the petitioner is entitled to get a sum of Rs.45,983/- towards Leave Travel Concession and he made several representations for reimbursement of the above amount. Finally, he had also sent legal notice, however, the University has not taken any steps to pay the above amount to the petitioner. Hence, appropriate direction may be issued to them to pay the above said amounts.
4. The learned counsel appearing for the Pondicherry University submitted that the petitioner has given a legal notice for reimbursement of the amount to the University and if the petitioner make a fresh representation, the same shall be considered by the University, within a time frame, as fixed by this court.
5. Recording the above submission made by the learned counsel appearing for the University, this court is inclined to pass orders at the admission stage itself.
6. Accordingly, i) The petitioner is directed to give a fresh representation to the concerned Department of the University, seeking to pay Leave Travel Concession amount, within one week from the date of receipt of a copy of this order. ii) On such representation being made by the petitioner, the same shall be considered by the University and pass appropriate orders in accordance with law, on its own merits, within a period of six months from the date of receipt of the representation.
7. With the above directions, this writ petition is disposed of. No Costs.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR mst To
1. The Registrar, The Pondicherry University, Puducherry.
2. The Dean, School of Engineering & Technology, Pondicherry University, Puducherry.
3. The Dean (Research), Pondicherry University, Puducherry.
4. The Head, Centre for Pollution Control & Environmental Engineering, Pondicherry University, Puducherry.
+1cc to M/s.T.Sai Krishnan, Advocate Sr.67445 W.P.No.26499 of 2021 rsi[co] srg 27/01/2022