Citation : 2025 Latest Caselaw 7547 Mad
Judgement Date : 6 October, 2025
WA Nos. 2820 & 2838 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR
AND
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
W.A Nos. 2820 and 2838 of 2025
and C.M.P.Nos.22881 and 22976 of 2025
Annamalai University
Rep by its Registrar, Annamalai Nagar, Chidambaram,
Cuddalore District 608 002
..Appellant in both W.As
Vs
P.Sampath
S/o. A.M. Palaniyandi, Block No. 21, Flat No. F2,
Sundaresan Pardo Villa, Murugesan Naicker St, Senthil
Nagar Extn. Chrompet, Chennai 44
..Respondent in
W.A.No.2820 of 2025
Krishnamurthy
S/o. V.Ramachandran, Prema Nivas
New No.1, Old No.36, Anantheswaran ... Respondent in
Koil Agraharam, Chidambaram 608 001. W.A.No.2838 of 2025
Prayer : Writ Appeals under Clause XV of the Letters Patent to set aside the order
dated 25.03.2024 as amended on 25.04.2024 made in W.P.Nos. 3044 of 2023 and
3041 of 2023.
For Appellant : Mr.S.Nambi Arooran
for M/s.Ajmal Associates
For Respondents : Ms.V.Porkodi
JUDGMENT
(Judgment of the Court was delivered by R.Suresh Kumar J.)
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:08:46 pm ) WA Nos. 2820 & 2838 of 2025
These two writ appeals have arisen out of the common order passed by the
Writ Court dated 25.04.2024 in the respective writ petitions in W.P.Nos.3041 and
3044 of 2023.
2. As against the very same order already W.A.No.2779 of 2025 was filed by
the very same appellant University, where, we have passed an order on 18.09.2025,
of course after getting an undertaking affidavit filed in this regard on behalf of the
University. The relevant portion of the order reads thus,
" 4.During the last hearing while making some arguments, the learned Senior Counsel appearing for the University submitted that since the University is in severe financial crunch, every time it depends upon the Government for the bulk disbursal of the amount, as the generation of funds for the University is getting reduced considerably because of closure of Distance Education programme, it takes reasonable time to comply with the orders passed by the Writ Court. In that regard, it was directed to file an undertaking affidavit within which time such compliance could be made by the University. Pursuant to the same, today when the matter is taken up for hearing, the learned Senior Counsel appearing for the University has stated that the Registrar of the University has filed an undertaking affidavit dated 16.09.2025 where inter alia the following has been stated:
4.I respectfully state that the Appellant University is in financial crunch. In view of closure of Distance Centres run by the University at various
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:08:46 pm ) WA Nos. 2820 & 2838 of 2025
places, the revenue of the University has come to a stand-still. The Appellant University has been expecting the grants every time from the Government of Tamil Nadu to pay salary and pension etc. to the teaching/non-teaching staffs of the appellant University. The grants released by the Government of Tamil Nadu though is handsome compared to other universities, it is not enough to satisfy the requirements of the University. The request made by the Appellant University to the Government of Tamil Nadu to release the grants to pay the balance retirement benefits of the petitioner and the similarly placed persons is in process. As soon as the grants from the government is received, the Appellant University shall pay the balance retirement benefits such as earned and unearned leave to the petitioner. In so far as the petitioner is concerned, he was paid gratuity in full. I undertake to settle the balance retirement benefits payable to the petitioner within four months from today without fail.
5.Relying upon these averments made in the undertaking affidavit, the learned Senior Counsel would contend that within a reasonable period as indicated in Paragraph 4 of the undertaking affidavit, the entire payment to be settled to the petitioner would be settled.
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:08:46 pm ) WA Nos. 2820 & 2838 of 2025
6.In this context, Mr.V.Ajoy Khose, learned counsel for the respondent would submit that though the respondent/writ petitioner has already retired from service, he has not been paid the retirement benefits. By virtue of the same, he and his family is suffering a lot and therefore, if earliest disbursal is made by the University that would be helpful to the respondent/writ petitioner and his family.
7.Having taken note of all these factual matrices and having regard to the submissions made by the learned counsel on either side, we are inclined to dispose of the Writ Appeal with the following directions:
(i) As undertaken by the University, it shall disburse the retirement benefits payable to the respondent/writ petitioner within a period of three (3) months from the date of receipt of a copy of this order.
(ii) Once such disbursal is made, there can be no further issue pending between them i.e., the respondent/writ petitioner and the University for adjudication.
8.In that view of the matter, with the above directions, this Writ Appeal is disposed of. No costs. Consequently connected miscellaneous petition is closed."
3. In view of the aforesaid order, these writ appeals are disposed of with the
following orders.
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:08:46 pm ) WA Nos. 2820 & 2838 of 2025
(i) As undertaken by the University, it shall disburse the retirement benefits
payable to the respondents/writ petitioners within a period of three (3) months from
the date of receipt of a copy of this order.
(ii) Once such disbursal is made, there can be no further issue pending
between them i.e., the respondent/writ petitioner and the University for
adjudication.
4. With the above directions, these writ appeals are disposed of. No costs.
Consequently, connected miscellaneous petitions are closed.
(R.S.K.,J.) (H.C.,J.) 06-10-2025 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
KST
Note : Registry is directed to issue the order copy on 09.10.2025
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:08:46 pm ) WA Nos. 2820 & 2838 of 2025
To The Registrar Annamalai University Annamalai Nagar, Chidambaram, Cuddalore District 608 002
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:08:46 pm ) WA Nos. 2820 & 2838 of 2025
R.SURESH KUMAR, J.
AND HEMANT CHANDANGOUDAR, J.
KST
WA Nos. 2820 & 2838 of 2025
06-10-2025
__________
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 04:08:46 pm )
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!