P.Padma v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2025

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR Dr.P.Padma Assistant Professor (Retd) Department of Library and Information Science School of Information Technology Madurai Kamaraj University Madurai ... Petitioner Vs.

1.The State of Tamil Nadu Represented by its Secretary Department of Higher Education Fort St.George, Chennai 2.The Convenor Committee Rep.by its Chairman Cum Commissioner of Collegiate Education Madurai Kamaraj University Madurai 3.The Registrar Madurai Kamaraj University Palkalai Nagar Madurai .....Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents 2 and 3 to sanction and pay the retirement benefits of the petitioner by passing final orders on the petitioner's representation dated 17.08.2024 within the time that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R1 & R2 : Mr.T.Cibi Chakkraborthy for R3

ORDER

The instant writ petition has been filed by a retired Assistant Professor of the respondent University seeking a mandamus to sanction and pay the retirement benefits for the petitioner by passing final orders on the petitioner's representation dated 17.08.2024.

2.A perusal of the records reveal that the petitioner has attained superannuation on 30.06.2023. On the date of her retirement, no audit objection or departmental proceedings was pending as against the writ petitioner. 3.Though the petitioner has attained superannuation on 30.06.2023, so far the teriminal benefits have not been released and the petitioner is receiving her

monthly pension only from November 2024 onwards. 4.The learned Standing Counsel appearing for the respondent University submits that due to paucity of funds, the retired employees of the respondent University are being paid terminal benefits in the order of seniority based upon their date of retirement and the petitioner stands in Serial No.19. 5.Considering the above said facts, this Court is inclined to pass the following orders.

a).The respondent University shall disburse the arrears of monthly pension for the period between July 2023 to October 2024 on or before 31.03.2025.

b)The terminal benefits shall be released as per seniority list maintained by the respondent University, as and when the funds are released by the State Government.

6.With the above said directions, this writ petition stands disposed of. No costs.

10.01.2025 Index : Yes/No Internet : Yes/No NCC:

: Yes/No

To 1.The Secretary State of Tamil Nadu Department of Higher Education Fort St.George, Chennai 2.The Convenor Committee Rep.by its Chairman Cum Commissioner of Collegiate Education Madurai Kamaraj University Madurai

R.VIJAYAKUMAR, J.

msa 10.01.2025