Madras High Court
Annamalai University vs R.Thiruvarasan on 18 September, 2025
Author: R. Suresh Kumar
Bench: R. Suresh Kumar
1/7 WA No. 2779 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-09-2025
CORAM
THE HONOURABLE MR JUSTICE R. SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR
WA No. 2779 of 2025 and
CMP No.22333 of 2025
Annamalai University
Rep by its Registrar,
Annamalai Nagar,
Cuddalore District-608 002.
Appellant(s)
Vs
R.Thiruvarasan
Respondent(s)
PRAYER:Writ Appeal filed under Clause 15 of Letters Patent to set aside the
order dated 25.03.2024 as amended on 25.04.2024 made in W.P.No. 3050 of
2023 on the file of this Court.
For Appellant(s): Mr.M.Ajmal Khan,
Senior Counsel
for M/s.Ajmal Associates
For Respondent(s): Mr.V.Ajoy Khose
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2/7 WA No. 2779 of 2025
JUDGMENT
(Order of the Court was made by R.Suresh Kumar J.)
This Intra Court Appeal has been directed against the order passed by the
Writ Court made in W.P.No.3050 of 2023 dated 25.03.2024 as amended on
25.04.2024.
2.In fact, the said order passed by the learned Writ Court is a common
order where number of writ petitions including the above said writ petition has
been disposed of, where the following directions has been given by a learned
Single Judge, which is as follows:
8. In view of the above discussions, the
respondent is directed to disburse the balance
amount of the petitioners' respective commutation
and the balance amount of their earned leave
wages in accordance with law, in view of the order
passed by this Court in W.P.No.49 of 2007 etc.,
batch of writ petitions, challenging the
Government order in G.O.Ms.No.402, Higher
Education (H2) Department, dated 13.12.2006
within a period of twelve weeks from the date of
receipt of a copy of this order. It is made clear
that the balance amount of gratuity and earned
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leave wages can be considered on the calculation
memo submitted by each of the petitioners.
3.Since all the writ petitioners including the present respondent/writ
petitioner already been retired from service and as the retirement benefits since
have not been disbursed, they approached the learned Writ Court and the
prayers therein having been considered, it was allowed by the Writ Court.
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
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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 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
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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.
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:
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(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.
(R.S.K., J.) (H.C., J.)
18-09-2025
sli
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
Note: Registry is directed to issue the order copy on 23.09.2025.
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R.SURESH KUMAR J.
AND
HEMANT
CHANDANGOUDAR J.
sli
18-09-2025
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