IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP Nos.12312 and 12313 of 2024 N.Mohan Kumar S/o.E.Narayanan, No.3, 2nd Street, Poombugar Nagar, Kolathur, Chennai-600 099.

..Petitioner(s)

Vs

1. The Government Of Tamilnadu Rep By Its Secretary, Higher Education Department, Fort St. George, Chennai-600 009.

2. The University Of Madras, Rep By Its Registrar Centenary Building, Chepauk, Chennai-600 005.

3. The Nodal Officer, University Of Madras Centenary Building, Chepauk, Chennai-600 005.

..Respondent(s)

PRAYER : Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the records relating to the orders of the 2nd respondent issued in his proceedings in his official Communication No.F1(A)/ Estt/ 2022/ 298 dated 03-10-2022 and the consequential order issued by the 3rd Respondent in Official Communication No.F.8/ pension/ CM Cell / 2023/ 095 dated 21-02- 2023 and quash the same and consequently Direct the Respondents to Continuously pay Pension from October 2022, along with balance DCRG, Commutation amount, and encashment of Leave Salary, gratuity and all other retirement benefits forthwith with appropriate interest.

For Petitioner(s): Mr.P.Ebenezer Paul For Respondent(s): Mr.M.R.Gokul Krishnan AGP for R1 Mr.D.Ravichander, SGP for R2-3

ORDER

The writ petition has been filed for the following relief:

“calling for the records relating to the orders of the 2nd respondent issued in his proceedings in his official Communication No.F1(A)/ Estt/ 2022/ 298 dated 03-10-2022 and the consequential order issued by the 3rd Respondent in Official Communication No.F.8/ pension/ CM Cell / 2023/ 095 dated 21-02- 2023 and quash the same and consequently Direct the Respondents to Continuously pay Pension from October 2022, along with balance DCRG, Commutation amount, and encashment of Leave Salary, gratuity and all other retirement benefits forthwith with appropriate interest.”

2. It is the case of the petitioner that the petitioner was appointed as a Junior Assistant in the second respondent University and posted in Distance Education Department. Subsequent to various promotion, he was finally promoted as an Assistant Registrar and posted in Lesson Storage Section, Institute of Distance Education Department and retired from service on

29.02.2020 on attaining the age of superannuation.

2.1. After his retirement, his pension and terminal benefits were not paid despite several representations made by the petitioner. While so, by proceedings dated 03.10.2022, the second respondent informed the petitioner that a committee has been constituted to enquire into the issue relating to the inclusion of 116 candidates in UG/PG/Professional Degree Courses in the month of December 2020 in the Institute of Distance Education Department. Subsequent to this, an explanation was sought from the petitioner, for which, the petitioner made a detailed explanation dated 23.02.2023 denying the charges by stating that the examination was conducted a year after his retirement and that no application fees were received during his tenure. The charges are based solely on the ground of suspicion and he was no way connected to the examination and therefore, he sought for the disbursal of his pension and other terminal benefits to him.

2.2. He would further submit that the person who was also charged and suspended for the very same issue was restored to service and other persons were allowed to retire and their pension and other benefits are paid till date without any due. It is only the petitioner’s monetary benefits that are withheld by the respondents for more than four years. Therefore, the petitioner is before this Court.

3. The respondents filed a counter affidavit inter alia contending that the pensionary benefits of the petitioner remain ceased until further orders are received from the Syndicate and the provisional pension with effect from October 2022 w