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Madras High CourtWP/26505/2021disposed of

Prof.S.A.Abbasi v. Pondicherry University Rep By

2021-12-16Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 16.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.26505 of 2021 Prof. S.A. Abbasi ... Petitioner Vs.

1. The Pondicherry University rep. by The Registrar Pondicherry University

2. The Dean School of Engineering & Technology Pondicherry University Puducherry

3. The Dean (Research) Puducherry

4. The Head Centre for Pollution Control & Environmental Engineering Pondicherry University

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 project expenditures due to the petitioner on two DBT-funded projects amounting to Rs.8,94,600/- and Rs.1,68,227/- respectively and with further interest at the rate of 12% per annum from 01.01.2014 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 project expenditures due to the petitioner on two DBT-funded projects amounting to Rs.8,94,600/- and Rs.1,68,227/- respectively and with further interest at the rate of 12% per annum from 01.01.2014 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 paid for the belated period. Further, the major payments amounting to Rs.8,94,600/- and Rs.1,68,227/- pertaining to reimbursements of expenditure incurred by the petitioner on two successfully completed major R & D project funded by the Department of Biotechnology (DBT), Government of India have been unjustly denied since over 6 years. The petitioner made several representation and had 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 had totally paid a sum of Rs.8,94,600/- and Rs.1,68,227/- towards the expenditure incurred on the R & D Project, funded by the Department of Biotechnology (DBT), Government of India 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 repay 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 reimbursement of the 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, Pondicherry University

2. The Dean, School of Engineering & Technology, Pondicherry University, Puducherry.

3. The Dean (Research),

4. The Head, Centre for Pollution Control & Environmental Engineering, +1cc to M/s.T.Sai Krishnan, Advocate Sr.67444 W.P.No.26505 of 2021 rsi[co] srg 27/01/2022