A former Assistant Professor sought a mandamus directing his deemed university employer to pay gratuity under the Payment of Gratuity Act, 1972. Counsel confined the relief to consideration of his pending gratuity application. The Court directed the university to pass final orders on merits within twelve weeks.
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W.P.(MD)No.23446 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.09.2025
CORAM
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.23446 of 2023
M.Maragatharajan
: Petitioner
Vs.
The University Grants Commission,
Bahadur Shah Zafar Marg,
New Delhi.
Department of Higher Education, Government of Tamil Nadu,
Office of Director of Collegiate Education,
Chennai.
Kalasalingam Academy of Research and Education,
(Deemed to be University),
Anandh Nagar, Krishnankovil – 626 126.
Srivilliputhur via, Virudhunagar District.
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W.P.(MD)No.23446 of 2023
4.The Vice – Chancellor,
Kalasalingam Academy of Research and Education (Deemed to be University),
Anandh Nagar, Krishnankovil – 626 126,
Srivilliputhur via, Virudhunagar District.
5.The Kalasalingam Academy of Research and Education, (Deemed to be University), Rep. By its Registrar, Anandh Nagar, Krishnankovil – 626 126, Srivilliputhur via, Virudhunagar District. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Mandamus, directing the respondents 4 & 5 herein to pay the gratuity amount of Rs.3,46,662/- to the petitioner as per Section 7 of the Payment of Gratuity Act, 1972 by considering the petitioner's application dated 01.07.2023.
For Petitioner : Mr.M.Thirunavukkarasu For Respondent No.2 : Mr.S.Shaji Bino,
Special Government Pleader For Respondents 3, 4 & 5 : No appearance
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W.P.(MD)No.23446 of 2023
O R D E R
The petitioner is aggrieved by the non-payment of gratuity amount by the Kalasalingam Academy of Research and Education. The petitioner who was working as Assistant Professor Grade – III resigned from the institution on 06.07.2021, claims that he has not been paid his gratuity amount till date by Kalasalingam Academy of Research and Education. The petitioner has submitted an application on 01.07.2023 with his employer namely Kalasalingam Academy of Research and Education. However, according to the petitioner, till date, the institution has not determined the gratuity amount due and payable to the petitioner and has also not paid the said amount to the petitioner. In such circumstances, this Writ Petition has been filed.
2. The respondents 3, 4 and 5 are represented by a learned Counsel and his name is also printed in the cause list today.
3. Learned Counsel for the petitioner would submit that it would suffice if the application of the petitioner dated 01.07.2023 submitted with the fifth respondent is directed to be considered on merits and in accordance with law within a time frame to be fixed by this Court.
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W.P.(MD)No.23446 of 2023
4. No prejudice will be caused if such a direction is issued.
However, this Court has not expressed any opinion on the merits of the matter seeking for payment of gratuity amount.
5. For the foregoing reasons, this Court directs the fifth respondent to pass final orders on merits and in accordance with law on the petitioner's application dated 01.07.2023, seeking for payment of gratuity amount within a period of twelve [12] weeks from the date of receipt of a copy of this order.
6. With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs.
24.09.2025
Index :Yes / No Internet : Yes / No NCC : Yes/No MR
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W.P.(MD)No.23446 of 2023
To
The University Grants Commission, Bahadur Shah Zafar Marg, New Delhi.
Department of Higher Education, Government of Tamil Nadu, Office of Director of Collegiate Education, Chennai.
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W.P.(MD)No.23446 of 2023
ABDUL QUDDHOSE., J.
MR
W.P.(MD)No.23446 of 2023
24.09.2025
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1 issue framed by the court
Whether the fifth respondent can be directed to consider and pass final orders on the petitioner's application dated 01.07.2023 seeking payment of gratuity.
2 provisions across 2 enactments
M.Maragatharajan
The Chairman, The University Grants Commission
The Secretary, Department of Higher Education, Government of Tamil Nadu
The Chancellor, Kalasalingam Academy of Research and Education (Deemed to be University)
The Vice-Chancellor, Kalasalingam Academy of Research and Education (Deemed to be University)
The Kalasalingam Academy of Research and Education (Deemed to be University), Rep. by its Registrar
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
