← Library
Madras High CourtWP(MD)/18359/2020disposed of

Dr. M. Devaki v. Madurai Kamaraj University

2020-12-14Honourable Mr Justice Krishnan Ramasamy2 pages

W.P.(MD)No.18359 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.12.2020

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.18359 of 2020 M.Devaki

...Petitioner

Vs 1.Madurai Kamaraj University, represented by its Registrar, Palkalai Nagar, Madurai 21.

2.The Deputy Director, Local Fund Audit, Madurai Kamaraj University Audit, Madurai 625 021.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to disburse the retirement benefits to the tune of Rs.8,68,390/- (Eight Lakhs Sixty Eight Thousand Three Ninety) along with proportionate interest to the petitioner within the time period stipulated by this Court.

For Petitioner :

Mr.T.Lajapathi Roy For R1 :

Mr.Ragatheeshkumar for M/S.Issac Chambers For R2 :

Mr.M.Karuppasamy Government Advocate

ORDER

This Writ Petition is filed to direct the 1st respondent to disburse the retirement benefits of Rs.8,68,390/- along with proportionate interest to the petitioner.

2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 3.It is the grievance of the petitioner that though she has made a representation, dated 24.11.2020 to the respondents with the relief sought for in the prayer, the respondents have not considered the same so far. Hence, left with no other alternative, the petitioner is before this Court and prays that necessary direction may be issued to the respondents to consider the representation, dated 24.11.2020.

4.Mr.Ragatheesh Kumar, learned counsel appearing for the 1st respondent university would submit that the respondent university is not in a position to disburse the retirement benefits of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18359 of 2020 petitioner, since there is an audit objection for disbursement of the same.

5.For the aforesaid submission, the learned counsel appearing for the petitioner would submit that the petitioner has already given necessary clarification to the audit objection in her representation, dated 24.11.2020 and therefore, there is no legal impediment for the respondents to disburse the retirement benefits payable to the petitioner.

6.In view of the submission made by the learned counsel on either side, this Court is inclined to pass the following direction:- the 1st respondent is directed to disburse the retirement benefits payable to the petitioner, as per eligibility, by taking into consideration of the petitioner's representation, dated 24.11.2020, within a period of eight weeks from the date of receipt of a copy of this order;

7.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 1.Madurai Kamaraj University, represented by its Registrar, Palkalai Nagar,Madurai 21.

2.The Deputy Director,Local Fund Audit, Madurai Kamaraj University Audit,Madurai 625 021. +1 CC to M/s.T.LAJAPATHI ROY,Advocate (SR-25512[F] dated 15/12/2020) +1 CC to M/s.GP ( SR-25573[F] dated 15/12/2020 ) +1 CC to M/s.ISAAC CHAMBERS,Advocate ( SR-25633[F] dated 15/12/2020) W.P.(MD) No.18359 of 2020 14.12.2020 (KUN)CO AP(30/12/2020) 2 P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2