Krishnan K v. The Joint Director Of Collegiate Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Krishnan ... Petitioner Vs 1.The Joint Director of Collegiate Education, Palam Station Road, Madurai - 625 002.

2.The Treasury Officer, District Treasury Office, Madurai, Madurai District.

3.The Secretary, Saraswathi Narayanan College, Perungudi, Madurai - 625 022.

4.The Principal, Saraswathi Narayanan College, Perungudi, Madurai - 625 022.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3 and 4 herein 1/4

to issue the No Due Certificate and other documents required by the second respondent herein and further directing the respondents herein to disburse forthwith pension and all the other retirement benefits admissible to the petitioner as sanctioned by the Accountant General in proceeding No. AG (A&E) PEN P24/ 12424623/2/ R2424623 dated 16.03.2023 with penal interest at the rate of 12 percent.

For Petitioner : Mr.A.Amala For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R.1 & R.2 Mr.G.Chandrasekhar for R.3 No Appearance for R.4

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent.

2. After hearing the learned counsel on either side and on going through the materials on record, I am satisfied that a direction has to be given to the respondents 3 and 4 to dispose of the petitioner's request for issuance of "No Due Certificate". It is seen that the petitioner had served the Institution for 32 2/4

years. The petitioner applied for voluntary retirement and was relieved from service on 31.07.2022. Though his pensionary benefits have been sanctioned by the office of the Accountant General, because of the non-issuance of No Due Certificate by the College Management, the petitioner has not got his benefits. The respondents 3 and 4 cannot keep the issue indefinitely pending. If the petitioner does not owe anything to the College Management in his official capacity, such No Due Certificate shall be issued. An order in this regard shall be passed by the respondents 3 and 4 within a period of five weeks from the date of receipt of a copy of this order.

3. This writ petition is disposed of accordingly. There shall be no order as to costs.

30.06.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA Note: Issue order copy on 05.07.2023.

To 1.The Joint Director of Collegiate Education, Palam Station Road, Madurai - 625 002.

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G.R.SWAMINATHAN, J.

MGA 2.The Treasury Officer, District Treasury Office, Madurai, Madurai District.

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