Authority: Madras High Court, Madurai Bench

Order Date: 09.10.2026

Case Overview

  • Petitioners: Legal representatives of the deceased A. Deivendiran (Died) – D. Shanthi, D. Priyanka, D. Nandhu Pandiyan (substituted on 10.08.2026).
  • Respondents: 1. The Chairman, Gandhigram Institute of Rural Health and Family Welfare Trust, Dindigul; 2. The Director, Health and Family Trust, Gandhigram Institute of Rural Health and Family Welfare, Dindigul.
  • Writ Petition (WP(MD) No. 22530 of 2023) filed under Article 226 seeking a Writ of Certiorari‑Mandamus to quash order No. GIRH/CHAIRMAN/2023-24/0379 dated 26.07.2023 and to direct payment of gratuity.
  • Background: Petitioner held an M.A. in Sociology, M.Phil. (1990) and was awarded a Ph.D. on 15.12.2006 by Madurai Kamaraj University. He served as Lecturer in Sociology at Matha College of Nursing, Manamadurai from 13.03.2003 to 08.06.2006 and was appointed Lecturer in Behavioral Sciences at the 2nd respondent University on 09.06.2006.
  • The 2nd respondent issued a charge memo on 29.09.2015 alleging that the petitioner’s experience certificate was bogus because his Ph.D. study period overlapped with his employment, constituting forgery and moral turpitude.
  • Petitioner submitted an explanation on 25.11.2015; an Inquiry Officer was appointed on 17.11.2015. The petitioner claimed vital documents were not furnished, leading to a prior writ (WP 6018 of 2016) where the Court on 13.04.2022 ordered the respondents to provide the documents – an order allegedly ignored.
  • The Inquiry Officer’s report dated 02.09.2022 held the charges proved and imposed punishment by withholding gratuity. The petitioner filed an appeal on 23.03.2023 (WP 10504 of 2023) which was allowed on 28.04.2023, directing the first respondent to consider the appeal within 10 weeks.
  • The petitioner argued that his Ph.D. was full‑time from 13.10.2000 to 12.10.2002 (two‑year period as per university regulation 5.1.3 for candidates with an M.Phil.) and that his employment began on 13.03.2003, thus no overlap existed.
  • The respondents contended that the Ph.D. course spanned March 2001 to December 2006, overlapping with employment from March 2003 to 08.06.2006, and that the petitioner failed to cross‑examine witnesses.
  • The Court examined the Ph.D. regulations, the certificate dated 28.04.2005 confirming the two‑year full‑time research period, and the employment certificate – both undisputed.
  • The Court noted that neither Madurai Kamaraj University nor Matha College of Nursing disputed the authenticity of the certificates, and the petitioner was awarded the Ph.D. degree on 02.06.2006 after viva‑voce on 12.05.2006.
  • The Court concluded that the charge memo was based solely on an erroneous appreciation of the Ph.D. duration; there was no forgery, and the allegation of a bogus certificate lacked factual support.

Final Outcome

  • The impugned order GIRH/CHAIRMAN/2023-24/0379 dated 26.07.2023 is quashed.
  • Respondents are directed to disburse the gratuity and other retirement benefits to the legal representatives of the deceased petitioner within 12 weeks of receipt of this order.
  • No costs are awarded.

Topics: Legal Dispute, Gratuity Payment, Academic Qualification