PRAYER

: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents to disburse the petitioners terminal /retirement benefits such as PF, DCRG, Commutation Expenses, Encashment of Earned Leave, Encashment of Leave on Private Affairs and Pension Arrears (from 01.5.2024-till date of payment)and other attendant benefits in furtherance of Superannuation on 30.4.2024 together with interest at 18 percentage per annum from date of retirement till actual date of payment.

For Petitioner(s): Mr.C.Vigneswaran

For Respondent(s): Mr.M.R.Gokul Krishnan, AGP for R1-2

Mr.V.Vijay Shankar, Standing Counsel for R3

ORDER

The petition has been filed to direct the respondents to disburse the petitioners terminal /retirement benefits such as PF, DCRG, Commutation Expenses, Encashment of Earned Leave, Encashment of Leave on Private Affairs and Pension Arrears (from 01.5.2024-till date of payment)and other attendant benefits in furtherance of Superannuation on 30.4.2024 together with interest at 18 percentage per annum from date of retirement till actual date of payment.

It is the case of the petitioner that he worked as Principal Grade I at Government Arts College, Udhagamandalam. While so, vide G.O.(D).No.292, Higher Education (F1) Department, dated 27.09.2023, he was placed under suspension. Thereafter, the petitioner filed a writ petition in W.P.No.29845 of 2023 which was disposed of by an order dated 14.12.2023, with a direction to the respondents to complete the disciplinary proceedings on or before 31.03.2024 and to pay the salaries and subsistence allowance within a week, which was not complied with by the respondents. Thereafter, the respondents completed the disciplinary proceedings and passed a final order on 21.07.2025, but, has not settled the terminal benefits of the petitioner till date.

Aggrieved by the same, the petitioner made a representation to the respondents dated 11.10.2025, for which, there is no response till date. Therefore, the petitioner is before this Court.

Heard the learned counsel on either side and perused the materials available on record.

The records would show that while the petitioner was working as Principal Grade I at Government Arts College, Udhagamandalam, to which post he was promoted on 05.05.2023, he was placed under suspension by G.O. (D).No.292, supra. This order had been challenged by the petitioner by filing a writ petition in W.P.No.29845 of 2023 before this Court.

By an order dated 14.12.2023, this Court, taking note of the submissions of the learned Special Government Pleader that charges had already been framed for disciplinary proceedings and also taking note of the fact that the petitioner was due to retire on 30.04.2024, directed the respondents to complete the disciplinary proceedings on or before 31.03.2024 after giving an opportunity to the petitioner herein. While passing the above order, the following observations have been made:

“9. At this juncture, learned counsel for the petitioner submitted that though the order of suspension has been stayed, the respondents have neither paid the salaries, nor the subsistence allowance. It is needless to point out that the moment the order of suspension is stayed by this Court, the petitioner herein is entitled to full salary for the period and in case, he has not attended duty, it requires to be treated as compulsory wait. Insofar as the period during which the petitioner was kept under suspension, he would be entitled for subsistence allowance for the suspension period. The respondents are directed to pay the salaries and subsistence allowance forthwith, in any event, within one week from the date of receipt of the order copy.”

It is also an admitted fact that the petitioner was permitted to retire on his attaining superannuation at After Noon on 30.04.2024 without prejudice to the disciplinary proceedings contemplated against