1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.307 of 2011 and M.P.(MD)No.1 of 2011 Dr.M.Samshath : Petitioner Vs. 1.The Vice Chancellor, Mother Teresa Women's University, Kodaikanal-624 101, TN. 2.The Registrar, Mother Teresa Women's University, Kodaikanal-624 101, TN. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents herein to forthwith issue the order of retirement and relief to the petitioner herein from the services as Associate Professor, Department of Family Life Management, Mother Teresa Women's University, Kodaikanal and also sanction her the pension, gratuity, commutation benefits, earned & unearned leave encashment and all other terminal benefits and permit the petitioner to withdraw her provident fund accumulations from her PF account and also to direct the respondents to pay a compensation to the petitioner at the rate of Rs.75,000/- per month from 09.06.2010 till the date on which the retirement and relieving orders are issued to her. For Petitioner : Mr.AR.L.Sundaresan Senior Counsel For M/s.AL.Ganthimathi For Respondents : M/s.D.Geetha ******** ORDER ****** The petitioner has come up with the present Writ Petition for a Mandamus, directing the respondents herein to forthwith issue the order of retirement and relief to the petitioner herein from the services as Associate Professor, https://hcservices.ecourts.gov.in/hcservices/ 2 Department of Family Life Management, Mother Teresa Women's University, Kodaikanal and also sanction her the pension, gratuity, commutation benefits, earned & unearned leave encashment and all other terminal benefits and permit the petitioner to withdraw her provident fund accumulations from her PF account and also to direct the respondents to pay a compensation to the petitioner at the rate of Rs.75,000/- per month from 09.06.2010 till the date on which the retirement and relieving orders are issued to her. 2. A counter-affidavit has been filed, wherein it has been stated that the request of the petitioner for voluntary retirement was accepted and the petitioner was relieved from service with effect from 09.06.2010. 3. Though it is stated by the learned Senior Counsel appearing for the petitioner that the said order relieving the petitioner from service dated 21.06.2010 was not served on the petitioner, in view of the fact that such statement was made in the counter-affidavit, the first limb of the prayer that has been sought for by the petitioner has become infructuous. The only thing that has to be considered in the Writ Petition is whether the petitioner is entitled for monetary benefits. The only objection that has been taken in the counter-affidavit is that No Due Certificate has to be obtained from various departments and if the Certificates are obtained and furnished, the entire benefits will be settled to the petitioner. 4. To this, the learned Senior Counsel appearing for the petitioner submitted that No Due Certificate has been obtained from some departments and some of the departments did not oblige the petitioner in granting the Certificate. However, it is being denied by the learned counsel appearing for the respondents. In these circumstances, the best recourse would be to direct the first respondent or the second respondent or both the respondents to address a letter to all the Heads of the departments to furnish the required certificate and on receipt of the same, if it is found that the petitioner is due to anyone of the departments, the amount due to the departments could be withheld. As far as the Finance Department is concerned, it is said that a sum of Rs.6,300/- is due by the petitioner to the said department. The respondents can withhold the said amount and disburse the other amounts and as far as that amount is concerned, the petitioner can work out her remedy in the manner known to law. 5. In view of the above stated position, I am inclined to pass the following order: (i) In view of the definite stand taken by the respondents that the petitioner has been relieved from service, it has to be held that the petitioner has been relieved from service on and from 09.06.2010. (ii) The respondents are directed to send communications to each and every one Head of the Departments to ascertain whether any dues are payable by the petitioner to the https://hcservices.ecourts.gov.in/hcservices/ 3 University. The respondents are directed to address to each one of the Head of the Departments, which has not given No Due Certificate, within one week from the date of receipt of a copy of this order. After sending the same, if the respondents do not receive any response from the departments, the respondents shall presume that there are no dues by the petitioner to the said departments. (iii) Thereafter, on the expiry of the seventh day, the respondents are directed to disburse all the monetary benefits to the petitioner, except a sum of Rs.6,300/- said to be due by the petitioner to the Finance Department. (iv) As far as the said amount of Rs.6,300/- is concerned, the petitioner can work out her remedy in the manner known to law. (v) The salary due to the petitioner from February, 2010 to 08.06.2010, which the respondents are prepared to settle the same to the petitioner, shall be sent by the respondents to the petitioner, within one week from the date of receipt of a copy of this order. (vi) The petitioner is directed to sign the pension proposal and furnish the same to the respondents, within fifteen days from the date of receipt of a copy of this order. On furnishing the same, the pension proposal has to be sent to the concerned department for taking due steps. 6. The Writ Petition stands ordered accordingly. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The Vice Chancellor, Mother Teresa Women's University, Kodaikanal-624 101, TN. 2.The Registrar, Mother Teresa Women's University, Kodaikanal-624 101, TN. +One cC to M/s.D.Geetha, Advocate, SR.No.19317 +One cC to M/s.AL.Gandhimathi, Advocate, SR.No.19149 SML rl/5c – 22.6.2011 Order made in W.P.(MD)No.307 of 2011 https://hcservices.ecourts.gov.in/hcservices/