High Court · 2025

W.A.Nos.3206 & 3209 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11.11.2025CORAM :THE HONOURABLE MR.JUSTICE R. SURESH KUMAR ANDTHE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDARW.A.Nos.3206 & 3209 of 2025Annamalai UniversityRep. by its RegistrarAnnamalai NagarCuddalore District – 608 002... Appellant in both WAsVs. Respondent inR.Pichumani.. W.A.No.3206 of 2025 Respondent inR.Durai.. W.A.No.3209 of 2025Prayer in W.A.N.3206: Appeal filed under Clause 15 of the Letters Patent, against the order dated 25.03.2024, as amended on 25.04.2024, in W.P.No.3043 of 2023; andPrayer in W.A.N.3209: Appeal filed under Clause 15 of the Letters Patent, against the order dated 25.03.2024, as amended on 25.04.2024, in W.P.No.3042 of 2023.For the Appellant:Mr.S.Venkateshin both WAsfor M/s.Ajmal AssociatesFor the Respondents:Ms.H.Nandhiniin both WAsPage 1 of 8 https://www.mhc.tn.gov.in/judis W.A.Nos.3206 & 3209 of 2025COMMON JUDGMENT(Judgment of the Court was made by R.SURESH KUMAR, J.)These intra-Court appeals have been directed against the order passed by the Writ Court in W.P.Nos.3042 and 3043 of 2023 respectively vide the order dated 25.03.2024.2. In fact, the very same impugned common order has been questioned in W.A.Nos.2820 and 2838 of 2025, where, we passed orders on 06.10.2025, disposing the said writ appeal with the following orders:-“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, Page 2 of 8 https://www.mhc.tn.gov.in/judis W.A.Nos.3206 & 3209 of 2025it 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 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 Page 3 of 8 https://www.mhc.tn.gov.in/judis W.A.Nos.3206 & 3209 of 2025Paragraph 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:(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.(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.Page 4 of 8 https://www.mhc.tn.gov.in/judis W.A.Nos.3206 & 3209 of 2025(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.”3. Since these writ appeals also are arising out of the same impugned order, both these appeals are to be disposed of in the same terms. Accordingly, these writ appeals are disposed of with the following orders:-(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.Page 5 of 8 https://www.mhc.tn.gov.in/judis W.A.Nos.3206 & 3209 of 20254. Resultantly, these writ appeals stand disposed of. However, there shall be no order as to costs. Consequently, C.M.P.Nos.26137 and 26141 of 2025 are closed. (R.S.K., J.) (H.C., J) 11.11.2025 Speaking Order/Non-Speaking OrderIndex:Yes/NoInternet:Yes/NoNeutral Citation:Yes/No(drm)Page 6 of 8 https://www.mhc.tn.gov.in/judis W.A.Nos.3206 & 3209 of 2025To:1. The Registrar Annamalai University Annamalai Nagar Cuddalore District – 608 002.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.A.Nos.3206 & 3209 of 2025R. SURESH KUMAR, J.AND HEMANT CHANDANGOUDAR, J.(drm) W.A.Nos.3206 & 3209 of 202511.11.2025Page 8 of 8