A. P. Shanthini v. Registrar, Manonmaniam Sundaranar University
2015-12-07
D.HARIPARANTHAMAN
body2015
DigiLaw.ai
ORDER : The petitioner joined as System Programmer in 1992 in the respondent University. She made an application on 03.10.2002 to the University seeking to retire voluntarily. According to her, no order is passed on her application referred to above. Hence, as per the relevant statutory provisions, the petitioner is deemed to have been voluntarily retired from service and she is entitled to terminal benefits accordingly. Therefore, this writ petition is filed seeking for direction to respondent to settle the terminal benefits and also to process the pension papers within a time frame as fixed by this Court. 2. Since the issued involved lies in a narrow compass, it was taken up for final disposal, with the consent of both parties. 3. Heard both sides. 4. It is not in dispute that Statute 9(b) of the Service Statutes of the University states that Fundamental Rules applicable to the Tamil Nadu Government employees are applicable to the University employees. Rule 56(3)(f) of the Fundamental Rules makes it clear that the application seeking voluntary retirement shall be disposed of either accepting or rejecting the same. If no order is passed on the application seeking voluntary retirement, even after three months, it is presumed that the employee is deemed to have voluntarily retired. It is useful to extract Rule 56(3) (f) of Fundamental Rules: “(f)The appointing authority shall issue orders before the date of expiry of notice either accepting the voluntary retirement or not. Otherwise, the Government servant shall be deemed to have been retired voluntary from service at the end of the period of notice: Provided that where a Government servant under suspension or against whom disciplinary or criminal action is pending, seeks to retire voluntarily, specific orders of the appointing authority for such voluntary retirement is necessary. The appointing authority may withhold the permission sought for by the Government servant, if any of the conditions specified in clause(e) are not satisfied.” 5. The learned counsel for the University has not disputed the fact that no order was passed rejecting the petitioner's application dated 03.10.2002 for voluntary retirement. 6. In these circumstances, the writ petition is allowed and a direction is issued to the respondent to settle the terminal benefits to the petitioner and also to process the pension papers, within a period of eight weeks from the date of receipt of a copy of this order. No costs.
6. In these circumstances, the writ petition is allowed and a direction is issued to the respondent to settle the terminal benefits to the petitioner and also to process the pension papers, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected M.P.(MD) No.1 of 2013 is closed.