S.SOMASUNDARAM Vs. ACCOUNTANT GENERAL OF TAMIL NADU

JUDGEMENT

(1.) ON 12.09.2009, this Court passed the following order: The petitioner in W.P.(MD).No.14011 of 2011 is the former Principal of American College (Autonomous), Madurai. The petitioners in W.P.(MD).Nos.14498 & 14623 of 2011 were Junior Assistants. The petitioners in W.P.(MD).Nos.14502, 14621 and 14622 of 2011 were Associate Professors of the American College (Autonomous), Madurai.

(2.) ALL the above petitioners have retired from American College (Autonomous), Madurai and have not been paid pension, gratuity and other retiral benefits. For the petitioners in W.P.(MD).Nos.14011, 14498 & 14502 of 2011, proposals have been sent by the college and the Joint Director of Collegiate Education, Madurai Region, has issued orders, sanctioning pension and other retiral benefits. The Accountant General (A & E), Tamil Nadu, Chennai, has also issued orders, directing disbursement of pension and the Treasury Officer, Madurai, has received the orders. But the amounts have not been paid. For the other three petitioners, no proposals have been forwarded by the college and hence, no further action has been by the above statutory authorities. The details of the orders passed by the above authorities are hereunder:

(3.) YET another objection taken by the present Principal and Secretary, American College (Autonomous), Madurai, insofar as Dr.Chinnaraj Joseph Jaikumar, the petitioner in W.P.(MD).No.14011 of 2011 is concerned, he has over stayed in the official quarters meant for the Principal and that a sum of Rs.90,000.00 is due and payable by him. For the abovesaid reason, though pension was sanctioned by the competent authority and appropriate intimation has also been received by the Treasury Officer, Madurai, from the Accountant General, Chennai , payment has not been made by the Treasury Officer, Madurai, on the objections of the college. The objections of the Principal and Secretary of the college is not tenable in view of the judgment of the Apex Court in Gorakhpur University and others Vs. Dr.Shitla Prasad Nagendra, reported in (2001) 6 SCC 591, wherein the Apex Court has confirmed the order of the High Court of Allahabad, holding that the University has no authority to delay disbursement of pension, provident fund and other retiral benefits and ordered 18% interest.