Madras High Court
WP/36023/2024 of DR.SASMITA DASH Vs ANNAMALAI UNIVERSITY on 23 September 2026
WP No. 36023 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 36023 of 2024
CNR: {HCMA012204012024}
Dr.Sasmita Dash
Retd. Professor of Chemistry,
..Petitioner
Vs
1. Annamalai University,
Through its Registrar,
Annamalai Nagar,
Chidambaram-608 002.
2. Dr.J.Jayabbarathi,
Professor and Head,
Department of Chemistry,
Faculty of Science,
Annamalai University,
Annamalai Nagar,
Chidambaram-608 002.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, directing the 1st respondent to release the retirement dues (i.e. Pension, Gratuity, Leave Encashment Salary etc.) to the petitioner with interest @ 12 % p.a on the delayed payment from the date of retirement till the dues are actually paid this Honourable Court may further be pleased to direct the 1st respondent to fix monthly pension of the petitioner and further issued directions to pay monthly pension of the petitioner and further issued direction to pay monthly pension.
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WP No. 36023 of 2024
For Petitioner:
Ms.Shruti Mishra
For Respondent:
Mr.Sithirai Anandan,
Standing Counsel for R1
No appearance for R2
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ORDER
The present Writ Petition has been filed seeking a Writ of Mandamus directing the 1st Respondent to release the retirement benefits (i.e., Pension, Gratuity, Leave Encashment Salary, etc.) to the petitioner with interest @ 12% p.a. on the delayed payment from the date of retirement till the date of actual payment. The petitioner further prays for a direction to the 1st Respondent to fix and regularly disburse her monthly pension.
2. The learned counsel for the petitioner would contend that the petitioner retired from service on 30.06.2024, and immediately upon retirement, she is entitled to all terminal benefits. However, the respondents are denying the same on the trivial ground that the Head of the Department (the 2nd Respondent) has not issued a No Objection Certificate / Nil Arrear Certificate.
3. The learned counsel for the petitioner would submit that except the Head of the Department, all other concerned departments have already issued
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No Due Certificates to the petitioner, and the withholding of the Nil Arrear Certificate by the Head of the Department is driven entirely by an ulterior motive and personal animosity against the petitioner.
4. The learned counsel for the petitioner would also invite the attention of this Court to the fact that even prior to her retirement, the petitioner had sent detailed emails to the Head of the Department of Chemistry on 07.06.2024 and 12.06.2024, followed by a formal letter on 14.06.2024. She subsequently emailed the Registrar on 14.06.2024 and 18.06.2024, requesting intervention to look into the issue of the Nil Arrear Certificate, and also escalated the matter to the Principal Secretary, Department of Higher Education, via email on 15.06.2024.
5. It is the specific submission of the learned counsel for the petitioner that if there had been any genuine issues or deviations, the University authorities ought to have informed the petitioner well in advance so that she could have sorted them out while still serving in the university itself. It is reiterated that due to personal animosity, the 2nd Respondent has deliberately withheld the Nil Arrear Certificate, resulting in the 1st Respondent failing to release the petitioner's terminal benefits. Hence, the petitioner prays to direct the respondents to settle the terminal benefits.
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6. Per contra, the said contention was objected to by the learned Standing Counsel appearing for the 1st Respondent, who would submit that the petitioner was permitted to retire vide letter dated 30.06.2024 and was relieved from service on the afternoon of the same day. However, it was also informed that subject to the production of a Nil Arrear Certificate, her terminal benefits would be settled.
7. According to the learned Standing Counsel for the 1st Respondent, the delay or difficulty in releasing the terminal benefits is on account of the objections raised by the Head of the Department (the 2nd Respondent) on account of certain procedural lapses. The learned Standing Counsel would submit that the petitioner was granted funds by the DRD, under which she purchased certain consumables, glassware, and apparatus. It is alleged that entries regarding these purchases were not made in the Stock Register, and the research assistants involved had also not given No Objection Certificates. The 1st Respondent maintains that once the petitioner rectifies these objections raised by the Head of the Department, her terminal benefits will be settled immediately. Hence, he prays for the dismissal of the Writ Petition.
8. I have given anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.
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9. In this case, although notice was duly served upon the 2nd Respondent, she refused to receive the same. Furthermore, despite printing her name in the cause list, no one has entered an appearance on her behalf.
10. On perusal of the affidavit, the petitioner has raised specific allegations against the 2nd Respondent, stating that she withheld the Nil Arrear Certificate solely due to personal grudges and harassment. According to the 1st Respondent, the dispute involving the 2nd Respondent concerns a sum of Rs.1,87,000/- out of the funds sanctioned by the DRD for consumables.
11. In this regard, the learned counsel for the petitioner would submit that even though the petitioner was sanctioned a total of Rs.5,33,000/-, she has already submitted full accounts for the entire Rs.5,33,000/- before RUSA, and RUSA has consequently issued a No Due Certificate.
12. When the funding authority (RUSA), which has already given a No Objection Certificate, has cleared her accounts, the denial of a No Due Certificate by the Head of the Department (2nd Respondent) is out of a personal grudge. Since the 2nd Respondent chose to refuse court summons and failed to appear to defend herself, the specific allegations of personal animosity and harassment raised by the petitioner remain unrebutted.
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13. Accordingly, this Court is of the firm view that on account of furnishing No Due Certificates from all concerns except the Head of the Department, and given that the denial of issuance of the No Due Certificate by the Head of the Department is on account of a personal grudge, and furthermore, when RUSA has already given a No Objection Certificate, this Court absolutely does not find any reason in issuing a mandamus.
14. Accordingly, the 1st Respondent is hereby directed to release all terminal benefits to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. The 1st Respondent is further directed to fix the petitioner's monthly pension and pay all outstanding arrears of pension within the above period.
15. It is made clear that if the amount is not settled within the above period, the petitioner shall be entitled to receive interest at the rate of 6% per annum calculated from the date of her actual retirement until the date of actual payment.
16. With the above observations, this Writ Petition stands disposed of. No costs. 23.09.2026 Speaking/Non-speaking order CDA
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To The Registrar, Annamalai University, Annamalai Nagar, Chidambaram-608 002.
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WP No. 36023 of 2024
C.KUMARAPPAN, J. CDA WP No. 36023 of 2024 23-09-2026
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