Dr.A.Peer Mohamed, v. The Director Of Collegiate

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.40241 of 2016 A. Peer Mohamad .. Petitioner vs 1.The Director of Collegiate Education, Department of Higher Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai-6.

2.The Joint Director of Collegiate Education,, Chennai Region, Institute of Advanced Study in Education Campus, Saidapet, Chennai-15.

3.The Secretary, S.I.V.E.T College, Velacherry Main Road, Gowrivakkam, Chennai-600 073.

4.G. Selvanathan, Secretary, S.I.V.E.T.College, Velacherry Main Road, Gowrivakkam, Chennai-600 073. .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse the petitioner arrears of pension and all other retirement benefits including salary for the re-employment period with due interest for the belated payment.

For Petitioner : Mr. M. Ravi For Respondents: Mr.K. Dhananjayan, Spl. Government Pleader for R1 & R2 : Mr.K. Shakespeare for R3 & R4

O R D E R

The relief sought for in this writ petition is for a direction to consider the representation submitted by the writ petitioner on 23.12.2015, in relation to the settlement of his terminal and pensionary benefits.

2.

The learned counsel appearing for the writ petitioner made a submission that the writ petitioner was holding the post of Associate Professor and Head of the Department of Corporate Secretaryship with the first respondent-College and retired from service on attaining the age of superannuation on 30.11.2015. However, the relieving order has not been served to the writ petitioner and the terminal and retirement benefits have also not been paid.

3.

The learned Special Government Pleader, appearing on behalf of the respondents 1 and 2, made a submission that the first respondent-College has to submit a proposal for sanctioning the pension and other benefits to the writ petitioner and thereafter, the authorities have to consider the same. However, it is not clear whether the College has submitted the proposal for sanctioning the terminal and retirement benefits to the writ petitioner.

4.

Thus, the third respondent is directed to consider the representation submitted by the writ petitioner on 23.12.2015 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.

Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Director of Collegiate Education, Department of Higher Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai-6.

2.The Joint Director of Collegiate Education,, Chennai Region, Institute of Advanced Study in Education Campus, Saidapet, Chennai-15.

+1cc to Mr.M.Ravi, Advocate, S.R.No.65383 +1cc to Mr.K.Shakespeare, Advocate, S.R.No.65083 +1cc to the Government Pleader, S.R.No.65619 W.P.No. 40241 of 2016 SS(CO) GN(04/10/2017)