Dr.R.Murugesan Vs Pondicherry University

Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the concerned records from the 2nd and 3rd Respondent, quash the order of the 2nd Respondent dated 13.01.2021 bearing Ref.No. PU/ Estt. (T)/ ET-5/ 2020- 21/ 189 and the order of the 3rd Respondent dated 14.09.2021 bearing Ref No.PU/ Estt (T)/ ET-5/ 2021-22/ 292 as illegal, arbitrary and contrary to law and consequently direct the 1st Respondent University to receive the General Provident Fund final settlement concerning the petitioner from the 4th Respondent and for further maintenance and treat the petitioner in terms of Clause 11 of the order of appointment dated 10.04.2012 bearing Ref.No.PU/ Estt. (T) / ET- 5/ 2012-13/ 653 as a person under the old pension scheme for all purpose.

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For Petitioner(s): Mr.Balan Haridas For Respondent(s): Mr.M.T.ARUNAN SC FOR R4 Ms. A.V. BHARATHI FOR R1 TO R3

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ORDER

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Heard the learned counsel for the petitioner and learned counsel for the respondents No.1 to 3 and the learned Standing Counsel for the fourth respondent and perused the materials available on record.

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This writ petition is filed assailing the action of the respondents in

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issuing order dated 13.01.2021 bearing Ref.No. PU/ Estt. (T)/ ET-5/ 2020- 21/ 189 by the 2^nd respondent and the order of the 3rd Respondent dated 14.09.2021

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

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WP No. 22400 of 2021

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bearing Ref No.PU/ Estt (T)/ ET-5/ 2021-22/ 292, whereby, the respondents have stated that the past service rendered by the petitioner in the post of Physical Instructor at JIPMER cannot be considered in the Puducherry University as per UGC Regulations for the purpose of terminal benefits and thereby, placing the petitioner under the National Pension Scheme, which was implemented with effect from 01.01.2004, pursuant to the petitioner's appointment in the respondent's service on 27.04.2012.

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Today when the writ petition is taken up for hearing, the learned Standing counsel appearing on behalf of the respondents submits that pending consideration of the present writ petition, the respondents have considered the

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case of the petitioner once again and vide proceedings bearing NoPU/Estt(T)/ET7/2023/47 dated 14.06.2023 it has been stated that the petitioner shall continue in General Provident Fund Scheme (GPF) instead of National Pension Scheme, as he is covered under Old Pension Scheme on account of past service rendered by him in JIPMER , Puducherry from 01.03.2000 to 26.04.2012.

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Learned Standing Counsel appearing for the respondents thus, submits that as the respondents have now covered the petitioner’s service under General Provident Fund scheme, instead of National Pension Scheme by the aforesaid proceedings, the cause in the present writ petition does not survive for consideration.

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

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WP No. 22400 of 2021

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Learned Standing Counsel by submitting as above has placed before

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this Court a copy of the proceedings dated 14.06.2023 along with Pay Bill Register of the petitioner maintained by the respondents in respect of the petitioner, showing General Provident Fund contribution w.e.f. 30.06.2023. The same is taken on record.

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In view of the aforesaid submission and taking note of the fact that the respondents have now decided to continue the petitioner in General Provident Fund, instead of National Pension Scheme by considering the past service rendered by the petitioner in JIPMER , Puducherry, the proceedings impugned in the present writ petition cannot be allowed to continue on record. Hence, the said proceedings 13.01.2021 and 14.09.2021 are set aside on account of the subsequent development as noted herein above.

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