O.Ravi v. The Commissioner

ORDER

The petitioner herein, having served as the Associate Professor in the sixth respondent College, has involved in a criminal case, which was registered by the Theni District Crime Branch and after completion of investigation, charge sheet has been filed and the case is taken on file vide C.C.No.19 of 2023 on the file of the Judicial Magistrate No.I, Theni. In connection with the said crime, he was also arrested and remanded to judicial custody on 25.04.2023. In view of the same, the petitioner was placed under suspension on 25.042023. While so, yet another criminal case was registered against the petitioner vide Crime No. 16 of 2021 on the file of the Vigilance and Anti-corruption, Madurai on the ground of accumulation of disproportionate assets and the said crimes are pending against the petitioner. In the meanwhile, the petitioner attained the age of superannuation on 30.04.2025. But no order was passed either permitting the petitioner to retire from service or to retain service.

¶2The grievance of the petitioner is that the respondents, having placed the petitioner under suspension on 25.04.2023, paid subsistence allowance only till 03.04.2025 and stopped paying the subsistence allowance or the provisional pension as per the Rules.

¶3In the circumstances, the learned counsel for the petitioner contends that, in the light of the amendment to Rule 56 of the Fundamental Rules, vide G.O. (Ms.) No. 47, Human Resources Management (FR-III) Department, dated 29.08.2025, the petitioner may be permitted to retire, subject to the disposal of the criminal cases, and is entitled to the payment of certain terminal benefits. As the respondents have not passed any orders permitting the petitioner to retire from service in terms of amended Rule 56 of the Fundamental Rules, the petitioner has approached this Court by filing the present writ petition.

¶4Mr.C.Jeganathan, learned Counsel for Government appearing for the respondents, on instructions, submits that the fourth respondent would pass appropriate orders in terms of amended Rule 56(1)(A) of Fundamental Rules as amended by G.O.(Ms.)No.47, Human Resources Management(FR-III) Department dated 29.08.2025 expeditiously.

¶5In the light of the above, without going into merits of the matter, this writ petition is disposed of directing the fourth respondent to pass appropriate orders in terms of FR 56(1)(A) permitting the petitioner to retire from service and release the eligible terminal benefits including provincial pension as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a copy of this order. After passing such an order by the fourth respondent, the eligible arrears of provincial pension and other eligible amounts shall also be released within a further period of four weeks from the date of passing of the order by the fourth respondent. No costs. Consequently, connected miscellaneous petition is closed.

29.07.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM TO

¶1The Commissioner, Commissionerate of Collegiate Education, Iase Campus, 577, Anna Salai, Saidapet, Chennai 600 015.

¶2The Principal Accountant General, Audit Bhawan, 361, Anna Salai, Teynampet, Chennai 600 018.

¶3The Pay and Accounts Officer, Pay and Accounts Office, T.P.K. Road, Madurai 625 001.

¶4The Joint Director of Colleg, Iate Education,, Madurai Region, Sellur, Madurai 625 002. MUMMINENI SUDHEER KUMAR,J CM and WMP(MD)No.15974 of 2026 Date : 29/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/07/2026 CORAM THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR and WMP(MD)No.15974 of 2026 O.Ravi ... Petitioner Vs 1. The Commissioner, Commissionerate of Collegiate Education, Iase Campus, 577, Anna Salai, Saidapet, Chennai 600 015. 2. The Principal Accountant General, Audit Bhawan, 361, Anna Salai, Teynampet, Chennai 600 018. 3. The Pay and Accounts Officer, Pay and Accounts Office, T.P.K. Road, Madurai 625 001. 4. The Joint Director of Colleg, Iate Education,, Madurai Region, Sellur, Madurai 625 002. 5. The Special Officer, Pasumpon Muthuramalinga Thevar College, Usilampatti-625 532 Madurai District. 6. The Principal, Pasumpon Muthuramalinga Thevar College, Usilampatti-625 532,Madurai District. ... Respondents PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to pass suitable orders permitting the Petitioner to retire from service and to disburse the retirement benefits of the Petitioner such as regular pension, commutation of pension, gratuity, encashment of earned leave and leave on private affairs, GPF, SPF with effect from 01.05.2025 in the light of the Government Order in G.O. (Ms) No.47, Human Resources Management (FR-III) Department dated 29.08.2025 within the time period stipulated by this Court. For Petitioner : Mr.T.Aswin Raja Simman For R1 & 4 : Mr.C.Jeganathan Counsel for Government of Tamil Nadu For R2 & R3 : Mr.P.Gunasekaran