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Madras High CourtWP(MD)/22112/2017disposed of

G.Subramania Pillai, v. Vice Chancellor,

2021-03-17Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.22112 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD)No.22112 of 2017 G.Subramania Pillai ... Petitioner Vs.

1.Vice Chancellor, Madurai Kamaraj University, Madurai-21.

2.The Registrar, Madurai Kamaraj University, Madurai-21.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to pay full monthly pension at the rate of Rs.6,017/- (Rupees Six Thousand Seventeen per month) for the period from 01.03.2015 with 12% interest till date of payment for the arrears. For Petitioner : Mr.Sreekumaran Nair For R2 : Mr.K.Prabhu for M/s.Isaac Chambers

O R D E R

This writ petition is filed by the petitioner for a direction to the respondents to pay full monthly pension at the rate of Rs.6,017/- (Rupees Six Thousand Seventeen only) per month, for the period from 01.03.2015 with 12% interest till date of payment for the arrears.

2.The case of the petitioner is that he retired from service as Professor, on 30.06.1999 and the age of retirement is 60 years. The petitioner has completed his age of 60 on 10.06.1999 and as per Rules, he was allowed to continue in service till 30.06.1999. While so, after completion of 15 years of service from the date of computation, the petitioner is entitled to draw full pension. Though the petitioner is entitled to get full pension from 01.03.2015, the respondents did not pay the same. Thereafter, the University settled the amount towards the deducted amount of gratuity amount of Rs.95,879/- which was paid by way of cheque and there are no dues in the gratuity amount. However, the petitioner demanded full pension with interest at 12% from 01.03.2015. Thereafter, the petitioner sent a letter dated 03.06.2017 and the petitioner has not got any https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.22112 of 2017 reply. Again, the petitioner sent a letter dated 22.10.2017 to the respondents. Since the respondents did not send any reply, the present writ petition is filed.

3.The learned counsel appearing for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation, dated 22.10.2017, which was received by the first respondent on 25.10.2017, and pass orders thereon within the reasonable time as stipulated by this Court. 4.The learned counsel appearing for the respondents submitted that during November 2016, the entire benefits were settled in favour of the petitioner. Even then, the petitioner is not satisfied and had made a representation.

5. Though submissions as above have been made, however, in view of the limited relief sought for, this Court, without going into the merits of the issue, directs the respondents to consider the petitioner's representation, dated 22.10.2017 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, if not already disposed of.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns TO 1.Vice Chancellor, Madurai Kamaraj University, Madurai-21.

2.The Registrar, Madurai Kamaraj University, Madurai-21.

+1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-12093[F] dated 18/03/2021 +1 CC to M/s.K.SREEKUMARAN NAIR, Advocate ( SR-12448[F] dated 19/03/2021 ) W.P.(MD)No.22112 of 2017 17.03.2021 CM(CO) KB(14.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2