T. P. Omprakash v. Madurai Kamaraj University, Rep. By its Registrar
2025-02-24
BATTU DEVANAND
body2025
DigiLaw.ai
ORDER : The facts of these cases are as follows: i) The petitioners were initially appointed as Tabulator in the first respondent University on temporary basis vide Memo No.452/Estt-1/79, dated 17.04.1979. Subsequently, their services were regularized and they were posted as Clerk with effect from 02.05.1985 vide proceedings of the first respondent on 03.06.1986. Thereafter, they were promoted to various posts such as the Assistant, the Superintendent (D), Regular Superintendent, Senior Superintendent. ii) Thereafter, the petitioner in WP(MD)No.9186 of 2023 was promoted as the Assistant Registrar and thereafter promoted as Deputy Registrar. The petitioner in WP(MD)No.9187 of 2023 was promoted as the Assistant Registrar and he retired in the post of the Assistant Registrar in the first respondent University. iii) The State Government vide G.O.(Ms.)No.408, Finance (Pension) Department, 25.08.2009 ordered that half of the temporary services rendered by the employees, who were appointed after 01.01.1961 in the non-provincialised services, consolidated pay, honorarium and daily wages and subsequently regularized prior to 01.04.2003, can be calculated for the pensionary benefits. Pursuant to the same, the first respondent University in its syndicate meeting passed a resolution dated 02.06.2012 to include the past service rendered by the Staff on a temporary basis for terminal benefits as per G.O.(Ms.)No.408, Finance (Pension) Department, dated 25.08.2009. iv) The petitioners retired from service on 30.09.2013 on attaining the age of superannuation. Then, the first respondent forwarded pension proposal to the second respondent seeking the audit clearance certificate for the purpose of sanction and disbursement of the pensionary benefits of the petitioners. In the said proposals, the past service of the petitioners was not included. Thereafter, upon receipt of the audit clearance certificate from the second respondent for the year 2013, the first respondent sanctioned and disbursed the retirement benefits and pension to the petitioners. The petitioners received monthly pension from the year 2013. v) The petitioners along with other similarly placed employees filed W.P(MD)No.6426 of 2018 and batch seeking a direction to the first respondent to consider the respective representations with respect to the inclusion of the half of their past temporary service rendered in the first respondent University as per G.O.(Ms.)No.408, Finance (Pension) Department, dated 25.08.2009. The said writ petition was disposed of by order dated 27.02.2009 directing the respondent University to pass orders by considering the representation dated 09.03.2018.
The said writ petition was disposed of by order dated 27.02.2009 directing the respondent University to pass orders by considering the representation dated 09.03.2018. In compliance of the said order, the first respondent issued orders dated 12.02.2020 rejecting the request of the petitioners stating that the second respondent has not issued audit clearance certificate in view of the audit objections pending with regard to his pay fixation as per Government Letter in R.C.No. 174/Higher Education (K1) Department, dated 25.09.2013. Aggrieved by the proceedings issued by the first respondent on 12.02.2020, the present writ petitions have been filed. 2. A counter affidavit has been filed on behalf of the first respondent. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the first respondent and the learned Government Advocate appearing for the second respondent and perused the materials available on record. 4. Basing the averments made in the counter affidavit, the learned Standing Counsel appearing for the first respondent would submit that during the pendency of these writ petitions, the first respondent University once again requested the second respondent to issue audit clearance certificate vide its letter dated 12.11.2024 for the purpose of revising the pension proposal submitted in favour of the petitioners in the light of the order passed by this Court quashing the Government letter in R.C.NO.174/Higher Education (K1) Department dated 25.09.2013 in W.P(MD)No.6635 of 2019 dated 16.06.2023. It is also stated that the State Government has preferred a writ appeal in WA(MD)No.2085 of 2024 and the same is pending. 5. The learned Government Advocate appearing for the second respondent would submit that the petitioner in WP(MD)No.9186 of 2023 was given excess pay in the post of Assistant Registrar and it continued in the post of Deputy Registrar. The petitioner in WP(MD)No.9187 of 2023 was given excess pay in the post of Assistant Registrar and on that basis, he has been given pension. Hence, the petitioners were drawing higher pension than that of the eligible pension. The said fixation is pointed out in the audit objection. The learned Government Advocate would further submit that the pension proposals of the petitioners could not be approved unless the erroneous pay fixation of the petitioners in their last posts holding by them is rectified and the audit paras in their record are addressed. 6.
The said fixation is pointed out in the audit objection. The learned Government Advocate would further submit that the pension proposals of the petitioners could not be approved unless the erroneous pay fixation of the petitioners in their last posts holding by them is rectified and the audit paras in their record are addressed. 6. The learned counsel for the petitioners would submit that in the light of the order dated 16.06.2023 in WP(MD)No.6635 of 2019 wherein the Government Letter in R.C.NO.174/Higher Education (K1) Department dated 25.09.2013 is quashed and in the light of the fresh proposals sent by the first respondent vide proceedings dated 12.11.2024, wherein the second respondent is requested by the first respondent to issue audit clearance certificate for the revised pension proposals and it has to be considered by the second respondent. 7. Admittedly, the petitioners retired from service with effect from 30.09.2013 on attaining the age of superannuation. W.P.No.6635 of 2019 filed by the petitioners was disposed of by order dated 16.06.2023 by quashing the Government Letter in R.C.NO.174/Higher Education(K1), Department, dated 25.09.2013. Though it is stated by the learned Government Advocate appearing for the second respondent that against the order of the learned single Judge, a Writ Appeal is filed and the same is pending. It appears that no stay was granted in the Writ Appeal and as on date in the light of the order dated 16.06.2023 in WP(MD)No.6635 of 2019, the Government Letter in R.C.NO.174/Higher Education (K1) Department, dated 25.09.2013 is not in existence. 8. Under these circumstances, the second respondent ought to have considered the fresh proposal sent by the first respondent vide proceedings dated 12.11.2024 and ought to have taken appropriate decision considering the same. There is no substance in the contention of the learned Government Advocate appearing for the second respondent and mere pendency of the Writ Appeal is not sufficient for not taking any action on the proposal sent by the first respondent on 12.11.2024 by following procedure. 9. For the reasons stated above, these writ petitions are disposed of with a direction to the second respondent to pass appropriate orders on the proposal dated 12.11.2024 sent by the first respondent to issue audit clearance certificate to fix the revised pension in favour of the petitioners within a period of four weeks from the date of receipt of a copy of this order.
There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.