Beulah Shekhar v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Dr.Beulah Shekhar, ... Petitioner Vs.
1.The State of Tamil Nadu Represented by its Principal Secretary, Finance (Pension Department), Secretariat, Chennai-600 009.
2.The Principal Accountant General, Teynampet, Chennai-8.
3.The Manonmaniam Sundaranar University, Represented by its Registrar, Abhishekapatti, Tirunelveli-627012.
... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent University to sanction and disburse forthwith the terminal benefits due to the petitioner viz., the General Provident Fund, Gratuity, Pension and 1/5
Leave encashment, admissible to the petitioner with interest @ 6% by considering petitioner's representation dated 29.12.2022. For Petitioner : Mr.D.Geetha For R1 : Mr.S.P.Maharajan Special Government Pleader For R2 : Mr.P. Gunasekaran For R3 : Mr.Mahaboob Athif
O R D E R
This writ petition has been filed to direct the third respondent University to sanction and disburse forthwith the terminal benefits due to the petitioner viz., the General Provident Fund, Gratuity, Pension and Leave encashment, admissible to the petitioner with interest @ 6% by considering the petitioner's representation dated 29.12.2022.
2. The case of the petitioner is that the petitioner was initially appointed as a Lecturer in the Department of Criminology & Criminal Justice in the year 2003. She was subsequently promoted as a Lecturer (Senior Scale) in the year 2008. She was further promoted as a Reader 2/5
and again, she was promoted as Professor in the year 2015. After attaining superannuation, the petitioner retired from service on 30.06.2020. She rendered more than 18 years of service in the third respondent University. However, the petitioner was not sanctioned with terminal benefits by the third respondent university. Hence, the petitioner made a representation on 29.12.2022 to the third respondent along with service records and requested to settle all the benefits, but the same was not considered. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.
3. The learned counsel appearing for the respondent University would submit that during the pendency of the writ petition, the petitioner's representation was rejected on 10.02.2023 based on the audit objection dated 27.07.2020. He has also circulated a copy of the said rejection order. Hence, nothing survives for further adjudication in this writ petition.
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4. At this juncture, the learned counsel for the petitioner would submit that liberty may be granted to the petitioner to workout the remedy in the manner known to law.
5. Accordingly, this Writ Petition is disposed of with liberty to the petitioner to work out the remedy in the manner known to law. No costs. 10.02.2023 NCC:Yes/No Index: Yes/No Internet: Yes/No cp To The Principal Secretary, Finance (Pension Department), Secretariat, Chennai-600 009.
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M.DHANDAPANI,J.
cp 10.02.2023 5/5