Madras HC Orders Release Of Retired Professor’s Terminal Benefits After 8 Years, Says Pending Compensation Case Without Stay Cannot Justify Withholding

The petitioner, an Assistant Professor of Tamil at Loyola College, retired on 31 July 2018.

His terminal benefits were not released after an interim order in an earlier proceeding was later disposed of; he was receiving provisional benefits.

A former colleague’s pending writ petition sought compensation from the petitioner, to be deducted from his retirement benefits, but no interim order restrained payment.

The College had not submitted the terminal-benefit proposal, while the State respondents said the College had not provided clarifications sought in connection with the provisional pension.

The petitioner sought directions to process his retirement benefits.

Whether the pendency of a writ petition seeking compensation from the petitioner’s retirement benefits, without an interim order, justified withholding those benefits.

Whether the College and the State respondents should be directed to submit, process, and release the petitioner’s terminal benefits.

The Court exercised its jurisdiction under Article 226 of the Constitution, under which it may issue a writ of mandamus to require public authorities to perform their legal duties.

It held that the mere pendency of a proceeding seeking recovery from retirement benefits does not justify withholding those benefits where no interim order restrains their release.

The judgment cites no specific pension statute, regulation, or precedent.

The Court found that the only stated reason for withholding the petitioner’s terminal benefits was the pending compensation claim, and that no interim order in that proceeding barred payment.

It therefore found no justification for the College’s failure to submit the proposal or for the State respondents to decline to process it on that basis.

The Court also noted that the College had not answered the State’s request for clarifications, but directed the proposal to be submitted and processed within specified periods.

It directed the College to submit the proposal for all terminal benefits within two weeks of receiving the order and directed the State respondents to process it according to law and release the benefits due within a further six weeks after submission.

The judgment made no order as to costs.