Dr.R.Sivasubramani, Ph.D., v. The Director Of Collegiate Education

W.P.(MD) No.16858 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.16858 of 2020 and W.M.P.(MD) No.14087 of 2020 Dr.R.Sivasubramani ... Petitioner vs.

1.The Director of Collegiate Education 9th Floor, E.V.K.Sampath Building College Road, Chennai-600 006 2.The Joint Director of Collegiate Education Saidapet, Chennai-600 015 3.The Secretary SIVET College Gowrivakkam Chennai-600 073 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the 3rd respondent to forward the petitioner's pension proposal to the 2nd respondent and the 2nd respondent to process the pension papers and disburse the retirement and other monetary benefits with arrears of pension with 18% interest to the petitioner within the stipulated period. For Petitioner :

Ms.S.Vijayashanthi For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 & R2 Mr.K.Shakespeare for R3

O R D E R

The relief sought for in this writ petition is to direct the third respondent to forward the petitioner's pension proposal to the second respondent, who has to process the pension papers and disburse the retirement and other monetary benefits, with arrears of pension along with interest at the rate of 18% interest to the petitioner, within the stipulated period.

2. The petitioner was appointed as Assistant Professor in the Department of Zoology and he was promoted as Senior Scale Lecturer and he was awarded with Selection Grade and retired from service on 31.07.2011. The grievance of the petitioner is that till date the pensionary benefits are not settled to him due to the fact that the third respondent has not submitted the pension proposal enabling the Authorities to consider the same. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.16858 of 2020

3. The learned counsel appearing for the third respondent - Management made a submission that the third respondent submitted the pension proposal and it was returned and thereafter, the petitioner has not cooperated with the Management for submission of revised pension proposal.

4. The learned counsel for the petitioner submits that the petitioner has given several representations seeking pensionary benefits.

5. In view of the facts and circumstances, the petitioner is directed to cooperate with the third respondent for submission of the revised pension proposal to the Authority Competent of the Collegiate Education Department. The third respondent is directed to complete the formalities of preparing pension proposal and submit the same before the Competent Authority, within a period of four weeks from the date of receipt of a copy of this Order. The respondents 1 and 2 are directed to initiate all appropriate actions to settle the pensionary benefits to the petitioner by following the procedures and in accordance with the Rules, as expeditiously as possible, preferably within a period of twelve weeks thereafter.

6. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1.The Director of Collegiate Education, 9th Floor, E.V.K.Sampath Building, College Road, Chennai-600 006.

2.The Joint Director of Collegiate Education, Saidapet, Chennai-600 015.

+1 CC to M/s.S. VIJAYASHANTHI, Advocate ( SR-19149[F] dated 18/04/2022 ) +1 CC to M/s.K. SHAKESPEARE, Advocate SR-19274[F] dated 19/04/2022 +1 CC to M/s.SPL.GP ( SR-19396[F] dated 19/04/2022 ) W.P.(MD) No.16858 of 2020 and W.M.P.(MD) No.14087 of 2020 18.04.2022 SG(CO) TR(27.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2