1 BEFORE THE MADURAI BENCH OF MADRAS HIGHCOURT DATED: 07.12.2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.10671 of 2011 and M.P.(MD)No.1 of 2011 B.Meganathan ... Petitioner Vs. 1.The Accountant General of Tamilnadu, Office of the Accountant General, No.26, Anna Salai, Chennai. 2.The Regional Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli District. 3.The Secretary, Urumu Dhanalakshmi College, Tiruchirappalli, Tiruchirappalli District. 4.The Treasury Officer, District Treasury Office, Tiruchirappalli, Tiruchirappalli District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 3rd respondent to grant forthwith no charge and no dues pending certificate to the petitioner as per the request dated 23.08.2011 so as to enable the petitioner to get the pension benefits. For Petitioner : Mr.E.V.N.Siva For Respondent-1 : Mr.P.Gunasekaran For Respondents : Mr.M.Govindan, (R2 and R4) Spl.Govt.Pleader For Respondent-3 : Ms.J.Maria Roseline O R D E R The petitioner was formerly working as a Superintendent in the Office of the 3rd respondent College. The 3rd respondent College is an aided Private College governed by the provisions of the Tamil Nadu Private Colleges (Regulation) Act, 1976. The petitioner has reached the age of superannuation and has already got retired from service on 30.06.2011. Since the petitioner found that he was not getting pension because of the inaction of the 3rd respondent College in not furnishing no due certificate, he is not able to get pension. Therefore, after sending representation, the writ petition came to be filed. 2. When the matter came up for admission on 20.09.2011, this Court directed the learned Special Government Pleader to take notice for the official respondents and notice was sent to the respondents 3 and 4. On notice from this Court, the 3rd respondent College has filed a counter https://hcservices.ecourts.gov.in/hcservices/ 2 affidavit, dated 07.12.2011. The counter affidavit shows a list of grievance of the 3rd respondent College has over the petitioner about the various alleged omissions and commissions. 3. With reference to the actual not grant of certificate, the counter affidavit is silent. However, Mr.P.Gunasekaran, the learned counsel appearing for the first respondent office says that the pension proposals have been cleared and the final disbursement is pending with the 4th respondent Treasury Officer. Because of the non-production of the No Objection Certificate, the officer cannot issue the certificate. As to what prevent the 3rd respondent from issuing the certificate, Ms.J.Maria Roseline, learned counsel appearing for the 3rd respondent stated that certain amounts have been deducted because of the loss caused by the petitioner. This fact is stoutly denied by the learned counsel for the petitioner, who said that during the service no action has been taken in terms of the provisions of the Act. Therefore, it is too late for them to contend that they are proposing to initiate action. 4. Under the Tamil Nadu Private Colleges (Regulation) Rules 1976, more particularly, the rule No.11(8) and Rule No.11(9), the teacher or other persons employed in a college are entitled to have their Provident Fund and also the pension. The State Government had extended the pensionary benefits to the teachers and non-teaching staff working in aided private colleges. Therefore, the 3rd respondent Management cannot prevent the petitioner from getting his pension, that too, it is doubtful whether they can initiate any disciplinary action after the petitioner had retired from service on 30.06.2011, though the College may have a set of grievance against the petitioner. If there are any dues, the Tamil Nadu Pension Rules provides adequate remedy in respect of the ascertainable Government dues. Rule 70 provides for deduction from withholding of DCRG. In respect of the dues, which are not covered by rule 70, rule 71 provides for obtaining of a surety from a retired Government employee or other employee eligible for pension and on the support of such sureties, amount can be released. The is squarely covered by the statutory rules. There is no necessity for the 3rd respondent in issuing an appropriate certificate in accordance with rules. 5. Accordingly, the writ petition is disposed of with a direction to the 3rd respondent to furnish appropriate certificates in accordance with rules so as to enable the petitioner to avail his terminal benefits, which are already pending clearance with the 4th respondent. Such a certificate should be furnished within a period of two weeks from the date of receipt of a copy of this order, since the petitioner states that he has fixed the marriage for his daughter, it involves greater expenses. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Accountant General of Tamilnadu, Office of the Accountant General, No.26, Anna Salai, Chennai. 2.The Regional Joint Director of Collegiate Education, Tiruchirappalli Region, Tiruchirappalli District. 3.The Secretary, Urumu Dhanalakshmi College, Tiruchirappalli, Tiruchirappalli District. 4.The Treasury Officer, District Treasury Office, Tiruchirappalli, Tiruchirappalli District. +1cc to the Special Government Pleader, SR.No.42912 +1cc to Mr.P.Gunasekaran, Advocate, SR.No.42742 MPK GH : 14.12.2011 : 3p/7c W.P.(MD)No.10671 of 2011 07.12.2011 https://hcservices.ecourts.gov.in/hcservices/