Court allowed writ petition directing fourth respondent to pay interest at 10% rate on belated commutation value of pension and arrears due to delayed payment after charges were dropped in Government service.
Interest at 10% payable on belated commutation value of pension and arrears within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2011
CORAM
THE HONOURABLE Mr.JUSTICE D.HARI PARANTHAMAN
W.P.No.17525 of 2007 (O.A.No. 2146 of 2004)
A.Natarajan ... Petitioner
Vs
1.The Director of Collegiate Education,
Chennai-6.
2.The District Collector,
Karur District.
3.The Treasury Officer,
Karur-5.
4.The Secretary to Government,
Education (Higher) Department,
Secretariat,
Chennai-9. ... Respondents
(R4 has been suo motu impleaded as per order dated 09.11.2011 by
DHPJ in W.P.No.17525 of 2007)
PRAYER: This Writ petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.2146 of 2004 on the file of Tamil Nadu Administrative Tribunal, to direct the third respondent to pay the petitioner all his retirement benefits such as Commutation Value of Pension of Rs.2,77,802/-; Death-cum-Retirement Gratuity amount of Rs.3,50,000/-; G.P.F. amount and Special Provident Fund Amount, etc., immediately and also direct the third respondent to pay the petitioner interest of 12% for the delayed period of payment from 01.01.2004 till the date of actual payment.
For Petitioner : Mr.Ravi Shanmugam for M/s.Sudha Ravi Associates
For Respondents : Mr.Rm.Mutthu Kumar, Government Advocate
ORDER
On abolition of the Tribunal, the Original Application in O.A.No. 2146 of 2004 filed before the Tamil Nadu Administrative Tribunal, Chennai, stood transferred to this Court and re-numbered as W.P.No.17525 of 2007.
2.The Secretary to the Government, Education (Higher) Department, Secretariat,Chennai-9, has been suo motu impleaded as the 4th respondent.
3.The petitioner was appointed as Lecturer in Government service on 10.01.1972. He was issued with a charge memo dated 15.04.1993 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. On reaching the age of superannuation, he was allowed to retire from service without prejudice to the enquiry proceedings pending against him as per G.O.(1D).No.200, Higher Education (F1) Department, dated 31.12.2003. Ultimately, the Government dropped the charges through G.O.Ms.No.33, Higher Education (F1) Department, dated 12.02.2009. In the meantime, during the year 2004, he was paid Special Provident Fund, General Provident Fund and D.C.R.G. However, Commutation value of pension amounting to Rs.2,77,802/- was paid only on 18.11.2009 after the charges were dropped. He was also paid arrears of pension in the year 2009, after the charges were dropped. The petitioner seeks interest on the belated interest of commutation value of pension and the arrears of pension. It is well settled by a decision of the Division Bench of this Court in Government of Tamil Nadu, represented by the Secretary to Government, Revenue Department, Chennai and another v. M.Deivasigamani, (2009) 3 MLJ 1 that the Government servant is entitled to interest on the belated payment of commutation value of pension and other terminal benefits, irrespective of rule position.
Accordingly, this writ petition is allowed. The fourth respondent is directed to pay interest on the belated payment of the commutation value of pension and the arrears of pension at the rate of 10% as per the decision of the Division Bench of this Court above cited, within a period of eight weeks from the date of receipt of a copy of this order. mps Sd/Asst. Registrar
//True Copy//
Sub Asst. Registrar
To 1.The Director of Collegiate Education, Chennai-6. 2.The District Collector, Karur District. 3.The Treasury Officer, Karur-5. 4.The Secretary to Government, Education (Higher) Department, Secretariat, Chennai-9. + 1 cc to Mrs. Sudharavi, Advocate SR No.67913 + 1 cc to Government Pleader, SR No.68364 W.P.No.17525 of 2007 (O.A.No. 2146 of 2004) SR(CO) SR/9.12.2011
1 issue framed by the court
Whether the petitioner is entitled to interest on the belated payment of commutation value of pension and arrears of pension.
Colour shows how this judgement treated each authority
Government of Tamil Nadu, represented by the Secretary to Government, Revenue Department, Chennai and another v. M.Deivasigamani, (2009) 3 MLJ 1Followed¶14
A. Natarajan
The Director of Collegiate Education, Chennai-6.
The District Collector, Karur District.
The Treasury Officer, Karur-5.
The Secretary to Government, Education (Higher) Department
D. Hari Paranthaman
As recorded by the court registry
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