Mathiyalagan B v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) No.15467 of 2025 B.Mathiyalagan ... Petitioner vs.
1. The State of Tamil Nadu, Represented by its Principal Secretary Department of Higher Education Fort St. George, Chennai 600 006.
2. The Principal Accountant General (A & E), 361, Anna Salai, Chennai 600 018.
3. The Director of Collegiate Education, College Road, Chennai - 600 006.
4. The Joint Director of Collegiate Education, Madurai Region, Madurai 625 002.
5. The Secretary, Yadava College, 1/7
Thiruppalai, Madurai 625 014.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fifth respondent college to forward the petitioner's pension proposal to the respondents 2 to 4 and disburse forthwith the undisputed retirement benefits of the petitioner subject to the outcome of the appeal pending before the fourth respondent/Joint Director by considering his representation dated 03.05.2025. For Petitioner : Mr.K.Ragatheesh Kumar for M/s. Isaac Chambers For R1 - R3, R4 : Mr.T.Amjad Khan Government Advocate For R5 : Mr.E.V.N.Siva
O R D E R
This writ petition has been filed for issuance of a writ of Mandamus, directing the fifth respondent college to forward the petitioner's pension proposal to the respondents 2 to 4 and to disburse forthwith the undisputed retirement benefits of the petitioner, subject to the outcome of the appeal pending before the fourth respondent/Joint Director, by considering his representation dated 03.05.2025.
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2. Heard the learned counsel for the parties.
3. The petitioner was initially appointed on 19.06.2000 as an Assistant Professor in the Department of Zoology at the fifth respondent College. On 01.08.2024, the petitioner was issued a charge memo containing 21 counts and was called upon to submit an explanation within a period of 15 days. Pursuant to the enquiry report dated 22.03.2025, the petitioner was imposed with a punishment of recovery of a sum of Rs. 22,88,402/- and was directed to submit his reply to the said report. Subsequently, the petitioner submitted his reply on 03.04.2025 and requested to retire from service, which was due on 30.04.2025. Thereafter, since the petitioner was directed to settle the amount imposed upon him, he preferred a statutory appeal before the fourth respondent. As there was no response, the petitioner filed W.P.(MD) No.17478 of 2025 before this Court. By order dated 02.07.2025, this Court directed the fourth respondent to dispose of the said appeal within a period of 12 weeks from the date of receipt of a copy of the order.
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4. The grievance of the petitioner is that, although he attained the age of superannuation on 30.04.2025, the respondents have not disbursed his pension till date. Even in the event of non-settlement of the amount imposed as punishment, the respondents could have adjusted the same from the petitioner's retirement benefits, pending disposal of the appeal. In this regard, the petitioner submitted a representation dated 13.06.2025 to the respondents, requesting early disposal of the appeal. As no action was taken on the said representation, the petitioner has filed the present Writ Petition before this Court.
5. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the respondents to consider the representation of the petitioner dated 13.06.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court.
6. Considering the above facts and circumstances, without going into the merits of the case, this Writ Petition is disposed of with a direction to the respondents, to consider the representation of the petitioner dated 13.06.2025 and 4/7
pass appropriate orders in accordance with law, after affording an opportunity of personal hearing. Such exercise shall be completed as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits. No costs. Consequently, the connected miscellaneous petition is closed.
19.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN To
1. The State of Tamil Nadu, Represented by its Principal Secretary Department of Higher Education Fort St. George, Chennai 600 006.
2. The Principal Accountant General (A & E), 361, Anna Salai, Chennai 600 018.
3. The Director of Collegiate Education, College Road, Chennai - 600 006.
4. The Joint Director of Collegiate Education, 5/7
Madurai Region, Madurai 625 002.
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M.DHANDAPANI ,J.
PKN ORDER MADE IN DATED : 19.08.2025 7/7