Madras High CourtWP(MD)/15213/2020disposed of

Dr.K.Govindan v. The Registrar

2020-11-03Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD)No.15213 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.15213 of 2020 Dr.K.Govindan ... Petitioner Vs.

The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai.

... Respondent PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondent to consider the representation of the petitioner dated 16.09.2020 to pay interest at the rate of 18% for the belated disbursement of pensionary benefits within a period that may be stipulated by this Court.

For Petitioner : Mr.K.Ponnaiah for M/s.Ajmal Associates For Respondent : Mr.Ragatheesh Kumar for M/s. Issac Chambers

O R D E R

This Writ Petition has been filed to direct the respondent to consider the representation of the petitioner dated 16.09.2020 to pay interest at the rate of 18% for the belated disbursement of pensionary benefits within a period that may be stipulated by this Court.

2.It is the case of the petitioner that his pensionary benefit has not disbursed within the time. Therefore, he is entitled to get interest for the delay period. In this regard, the petitioner made a representation to the respondent on 16.09.2020 to pay interest for the belated payment of pensionary benefits. However, the respondent has not taken any steps till date. Therefore, the petitioner approaches this Court to pass appropriate order. 3.On the other hand, the learned counsel appearing for the respondent would submit that there was a dispute with regard to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15213 of 2020 age of retirement of the petitioner. Therefore, the petitioner filed a writ petition in W.P(MD) No.2166 of 2006 claiming his age of retirement as 60 years on the ground that the post of Joint Director of Educated Media Research Centre is a non vocational academic and the same was allowed. Aggrieved against the same, the respondent filed an appeal in W.A(MD) No.201 of 2012 and the same is pending. During the course of lis pendens, the petitioner is not entitled any interest. He would further submit that in the writ appeal, this Court was directed to disburse the admitted amount of certain terminal pensionary benefits and the same was disbursed in time. However, he would fairly submit that the petitioner's representation dated 16.09.2020 will be considered on merits and in accordance with law.

4.In view of the submissions made by the learned counsel appearing on either side and considering the age of the petitioner, this Court directs the respondent to dispose of the petitioner's representation dated 16.09.2020, within a period of four weeks from the date of receipt of a copy of this order on merits and in accordance with law.

5.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AE) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:- The Registrar,Madurai Kamaraj University, Palkalai Nagar,Madurai.

+1 CC to M/s.ISAAC CHAMBERS, Advocate SR-20923[F] dated 03/11/2020 W.P.[MD]No.15213 of 2020 03.11.2020 BUC(CO) TR(20.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2