The court reaffirmed the necessity of adhering to the Payment of Gratuity Act and resolving audit objections before disbursing gratuity payments.

O R D E R

The Writ Petition has been filed challenging the order of the first respondent made in P.G.A.No.15 of 2023 etc. batch dated 22.09.2023. 2. Heard M/s.S.Sithirai Anandam, learned counsel for the petitioner and Ms.M.Jayanthy, learned Additional Government Pleader for the respondents 1 and 2 and perused the materials available on record. 3. The third respondent has filed P.G.Case No.18 of 2021 before the second respondent for claiming her retirement benefits, including the gratuity payable to her and the same was allowed on 08.03.2021. However, the petitioner’s University has challenged the same by way of preferring W.P.No.20368 of 2021 etc. batch, which is inclusive of the third respondent's payment of gratuity order. But the said batch of writ petitions have been disposed on the observation that the petitioner, without exhausting the alternative remedy of filing an appeal, has filed the writ petition. Subsequent to that, the petitioner preferred an appeal before the appropriate authority and the appeal was also dismissed by confirming the order of the second respondent.

4. M/s.S.Sithirai Anandam, learned counsel for the petitioner submitted that the petitioner is not able to disburse the terminal benefits as allowed by the respondents 1 and 2, in view of the audit objections already raised in this regard.

5. In fact, the very purpose of filing the Payment of Gratuity Petition by the individuals is only due to the local fund audit objections raised in this regard. It has been dealt with by the second respondent in his order dated 08.03.2021 by observing that the audit objection has been raised in accordance with G.O.(Ms)No.402, Higher Education (H2) Department, dated 13.12.2006 which intended to bring uniformity in the service condition of all University employees on par with the Government servants. In fact, the matter has been challenged as early as in the year 2007 itself in W.P.No.49 of 2007 and an order has been passed on 04.04.2012 by quashing the above Government Order in G.O.(Ms)No.402, Higher Education (H2) Department, dated 13.12.2006.

6. However, it is learnt that in pursuance of the orders passed, the matter is said to be under the consideration of the Government. In such a case, the petitioner is at liberty to bring it to the notice of the Government about the earlier Government Order passed in this regard and the judicial pronouncements made in setting aside the same and see the objections are removed and processed further.

7. With the above observation, this Writ Petition is disposed. No costs. Consequently, connected Miscellaneous Petitions are closed.