A.LINGAPPAN Vs. G.VENKATASAMY NAIDU COLLEGE

JUDGEMENT

(1.) This Writ Petition has been filed for Writ of Mandamus, directing the first and second respondents to issue "No Due Certificate" to the third respondent and consequently direct the third respondent herein to disburse the terminal, pension and other benefits of the petitioner with 18% interest per annum.

(2.) The brief facts as stated in the affidavit are that the petitioner joined the College of the first respondent as Assistant Professor in Commerce Department on 3/9/1982 and was redesignated as Senior Lecturer on 4/9/1990, then was granted promotion periodically and retired from service on 30/4/2013. The contention of the petitioner is that though he had retired on 30/4/2013, he received a communication from the 1st respondent college to submit the petitioner's pension proposals through Form V with necessary documents on 10/7/2013. The first respondent has not taken any effective steps to get pension, terminal benefits and other benefits. Finally, on 18/10/2013, the first respondent has sent the pension proposals to the third respondent, who in turn, forwarded to the fifth respondent on 17/12/2013. After perusing the documents relating to the petitioner's service, the fifth respondent approved the pension proposals through his letter Ref.PPO.No.P22/12210558/2PPO No.R2210558/EDA dtd. 3/4/2014. The third respondent vide letter dtd. 5/5/2014 directed the first respondent to send "No Due Certificate" in order to grant pension, terminal benefits and other benefits to the petitioner. On 13/1/2015, the petitioner submitted a representation to the first respondent to issue a "No Due Certificate". But, the first respondent vide communication dtd. 27/1/2015 alleged that the petitioner did not produce the stock register when he was in charge of Fine Arts Club from 6/10/2012 to 30/4/2013. But the petitioner states that on 7/5/2014, the petitioner has sent a letter to the first respondent for issuance of necessary certificates which includes "No Due Certificate". So that, it can be submitted to the authorities for releasing the pensionary benefits. Therefore, the petitioner sent a letter dtd. 12/10/2014 to the first respondent that he was willing to pay the cost of the Fine Arts materials which was not handed over and the cost of materials valued about Rs.47,872.00.

(3.) As per the direction of the third respondent, in order to hand over the articles of the Fine Arts Club on 29/9/2013, the petitioner entered the College campus on 9/10/2013. The petitioner searched for the items, but to the shock, he found several items including stock register and files were missing. On 9/10/2013, the petitioner was forced to hand over only few items that was available. Thereafter, from 10/10/2013 onwards, the petitioner was not permitted by the first and second respondents to enter into the College campus. Therefore, through reply to the third respondent, the petitioner suggested to invoke Tamil Nadu Pension Rules 71(2) (c), if proper assessment of the dues to the College could not be made. Even after the lapse of 20 months, from the date of retirement, the first respondent has not issued "No Due Certificate". The petitioner was involved in several agitations organized by Teachers Organization MUTA. In order to wreck vengeance, the first and second respondents have not issued "No Due Certificate". The petitioner further he is depending upon the pensionary benefits to run his retired life and hence seeks interest of 18% per annum.