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2021 Supreme(Mad) 2345

S.VAIDYANATHAN, R.VIJAYAKUMAR
Kongunadu Arts and Science College (Autonomous), Represented by its Secretary – Appellant
Versus
Senior Accounts Officer, Pension 24, O/o. The Principal Accountant General, (Accounts & Entitlements), Chennai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :K. Shakespeare, Advocate.
For the Respondent:R. Subramanian, Advocate.

JUDGMENT :

R.Vijayakumar, J.

(Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside the order of the learned Single Judge of this Court dated 15.04.2021 in W.P.No.8629 of 2021.)

1. The writ petitioner is the appellant herein. The fifth respondent in the writ appeal was working as an Associate Professor in the petitioner's college and she was suspended from the service on allegations of certain misconduct and she attained superannuation on 30.06.2016. Since a criminal complaint was pending as against the fifth respondent, the first respondent had only sanctioned provisional pension and gratuity vide order dated 17.08.2017.

2. On 10.11.2012, the fourth respondent herein had passed a on sequential order providing provisional pension and DCRG to the fifth respondent herein.

3. On 03.10.2018, the writ petitioner college had forwarded the consent letter of 15 Associate Professors including that of the fifth respondent herein for fixing the revised pay scales on the basis of 7th Pay Commission Report. On 04.10.2018, the petitioner college sought a further clarification from the fourth respondent whether the provisional pension of the fifth respondent could be re-fixed o

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