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J.Eugene Michael Rozario v. Bharathiar University

Madras HC3 Dec 2025WP/1347/2023

Case brief

AI extract

What is this about?

Bharathiar University; provisional pension order quashing sought; audit objection dropped on employee's death; actual pension disbursed to family; Rule 72(12); G.O.Ms.No.900 Finance (Pension) Department dated 04.12.1995; Article 226 Certiorarified Mandamus; writ disposed of on counsel's statement; no costs; WMP.No.1401 of 2023 closed; P.T. Asha J; decided 03.12.2025.

What did the court decide?

Writ petition disposed of, recording that the audit objection would be dropped and the actual pension disbursed to the petitioner's family in tune with G.O.Ms.No.900, Finance (Pension) Department dated 04.12.1995; no costs; connected miscellaneous petition (WMP.No.1401 of 2023) closed. ¶24

J.Eugene Michael Rozario Vs Bharathiar University — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order of the 2nd respondent in Proceeding No.BU/E4/2022/Provisional Pension /Mr.J.E.M.R./11633-5 dated 15.12.2022 should be quashed and the petitioner paid eligible pension based on last pay drawn as on 30.09.2022 (Rs.76,742/-; basic Rs.53,300/-) with consequential retiral benefits.

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Court's answer

Recording the respondents' statement that the audit objection would be dropped and the actual pension would be disbursed to the petitioner's family in tune with G.O.Ms.No.900, Finance (Pension) Department dated 04.12.1995, the writ petition is disposed of with no costs and the connected miscellaneous petition is closed.

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Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J., 03.12.2025) – W.P.No.1347 of 2023: The petitioner, J.Eugene Michael Rozario, sought a writ of Certiorarified Mandamus under Article 226 to quash the order of the Registrar, Bharathiar University (2nd respondent) in Proceeding No.BU/E4/2022/Provisional Pension /Mr.J.E.M.R./11633-5 dated 15.12.2022 and to secure pension based on his last pay drawn as on 30.09.2022 as Assistant (Rs.76,742/-, basic Rs.53,300/-) with consequential retiral benefits, in the context of a pending audit objection. During the hearing, respondents' counsel reported that the petitioner had passed away and that, in terms of Rule 72(12) inserted by G.O.Ms.No.900, Finance (Pension) Department dated 04.12.1995 (under which audit objections against a deceased servant are deemed settled and family benefits are not withheld), the audit objection would be dropped and the actual pension disbursed to the petitioner's family. Recording this statement, the Court disposed of the writ petition with no costs and closed the connected miscellaneous petition WMP.No.1401 of 2023.

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W.P.No.1347 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 03.12.2025

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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W.P.No.1347 of 2023 and WMP.No.1401 of 2023

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J.Eugene Michael Rozario ... Petitioner

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1.Bharathiar University Rep by its Registrar Coimbatore – 641 046.

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2.The Registrar Bharathiar University Maruthamalai Road Coimbatore – 641 046. ... Respondents

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P rayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 2^nd respondent in connection with the order passed by him in proceeding No.BU/E4/2022/Provisional Pension /Mr.J.E.M.R./11633-5 dated 15.12.2022 and quash the same as illegal and further direct the respondents to sanction and pay the eligible pension to the petitioner based on the last pay drawn by the petitioner as on 30.09.2022 in the post of Assistant at Rs.76,742/- with basic pay of Rs.53,300/- along with consequential retiral benefits payable to the petitioner as expeditiously as possible and pass orders.

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https://www.mhc.tn.gov.in/judis

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W.P.No.1347 of 2023

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For Petitioner : Mr.I.Saddam Hussain For Respondents : Mr.I.Calvin Jones [R1 & R2]

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ORDER

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The above writ petition has been filed seeking following relief :

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“ To issue a Writ of Certiorarified Mandamus calling for the records of the 2^nd respondent in connection with the order passed by him in proceeding No.BU/E4/2022/Provisional Pension /Mr.J.E.M.R./11633-5 dated 15.12.2022 and quash the same as illegal and further direct the respondents to sanction and pay the eligible pension to the petitioner based on the last pay drawn by the petitioner as on 30.09.2022 in the post of Assistant at Rs.76,742/- with basic pay of Rs.53,300/- along with consequential retiral benefits payable to the petitioner as expeditiously as possible.”

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It is reported by the learned counsel appearing on behalf of the respondents that since the petitioner has passed away, the audit objection would be dropped and the actual pension would be disbursed to the petitioner's family, in tune with the amendments made in G.O.Ms.No.900, Finance (Pension) Department dated 04.12.1995. The relevant portion of the said G.O., is extracted hereunder:

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https://www.mhc.tn.gov.in/judis

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W.P.No.1347 of 2023 “ In the Rule 72 after sub-rule(ii) the following sub-rule shall be added namely:

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(12) If a Government Servant on whom disciplinary action is pending or is contemplated in respect of audit objections involving financial issues of other irregulations, dies before final orders are passed in the matter, the audit objections pending against the deceased servant shall be deemed to have been settled on the date of his death and disciplinary proceedings pending or contemplated shall, on the date of his death, be deemed to have been dropped. The benefits due to the family of the deceased Government servant shall not be withheld”

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