High Court · 2025

W.A.No.2898 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.10.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMARandTHE HONOURABLE MR.JUSTICE S.SOUNTHARW.A.No.2898 of 2025andC.M.P.No.23495 of 2025Annamalai University,Represented by its Registrar,Annamalai Nagar,Cuddalore District - 608 002. ... Appellant-Vs-M.Somasundaram ... RespondentPRAYER : Appeal filed under Clause XV of Letters Patent, against the order dated 25.03.2024 as amended on 25.04.2024 in W.P.No.3055 of 2023.For Appellant:Mr.S.Nambi Arooranfor M/s.Ajmal AssociatesFor Respondent:Ms.H.NandhiniJ U D G M E N T(Judgment of the Court was delivered by R.SURESH KUMAR, J.)This intra Court appeal has been directed against the order dated 25.03.2024 as amended on 25.04.2024 made in W.P.No.3055 of 2023.1/7 https://www.mhc.tn.gov.in/judis W.A.No.2898 of 20252. Against the very same order which was in fact a common order whereby number of writ petitions were disposed of already, some intra Court appeals have been filed by the University which was disposed of by this Court in two such writ appeals in W.A.Nos.2820 & 2838 of 2025 dated 06.10.2025 whereby earlier order passed by this Court dated 18.09.2025 made in W.A.No.2779 of 2025 was followed. The relevant portion of the order dated 06.10.2025 reads thus:"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 2/7 https://www.mhc.tn.gov.in/judis W.A.No.2898 of 2025the 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 3/7 https://www.mhc.tn.gov.in/judis W.A.No.2898 of 2025would 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:(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 4/7 https://www.mhc.tn.gov.in/judis W.A.No.2898 of 2025closed." 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.(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. In view of the said order having been passed, following the same, this Court is inclined to dispose of the Writ Appeal 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 judgment.(ii) Once such disbursal is made, there can be no further issue pending between them, i.e., respondent / writ petitioner and the University for adjudication.5/7 https://www.mhc.tn.gov.in/judis W.A.No.2898 of 20254. With the above directions, this Writ Appeal is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.(R.S.K., J.) (S.S., J.) 23.10.2025NCC : Yes / NoIndex : Yes / NoSpeaking Order : Yes / Novji6/7 https://www.mhc.tn.gov.in/judis W.A.No.2898 of 2025R.SURESH KUMAR, J.and S.SOUNTHAR, J.vjiW.A.No.2898 of 2025andC.M.P.No.23495 of 202523.10.20257/7