Allowed

S.Dhanasekaran, v. the Secretary to Government

Madras HC13 Nov 2013WP(MD)/17258/2013

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed by a retired Village Administrative Officer. The court directed the respondents to pay interest at 8% per annum for a seven-year delay in the payment of the Dearness Cum Retired Grace Payment (DCRG) as per Rule 45(A) of the Tamil Nadu Pension Rules.

What did the court decide?

The writ petition is allowed; the respondents are directed to pay interest at 8% per annum for the delayed period of DCRG payment within four months.

S.Dhanasekaran, Vs the Secretary to Government — Pension and Retirement Benefits | Madras HC (2013)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 13.11.2013

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU

¶6

Writ Petition (MD)No.17258 of 2013

¶7

S.Dhanasekaran .. Petitioner

¶8

.vs.

¶9

1.The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

¶10

2.The District Revenue Officer, Sivagangai District, Sivagangai. .. Respondents

¶11

Writ petition under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, directing the respondents i.e. The Secretary to Government, Revenue Department, Chennai and the District Revenue Officer, Sivagangai District, Sivagangai, to make payment of interest for the belated payment of DCRG to the petitioner for a period of seven years, as per the provisions made under Rule 45(A) of the Tamil Nadu Pension Rules, within a specified time frame.

¶12

(Prayer amended as per the order dated 13.11.2013, made in MP(MD)No.1 of 2013)

¶13

For Petitioner : Mr.V.Visvalingam

¶14

For Respondents : Mr.T.S.Mohammed Mohideen, Addl.Govt.Pleader.

¶15

ORDER

¶16

The petitioner was working as a Village Administrative Officer at Karuppur Group, Thirupathur Taluk, Sivagangai District. He retired from service on 31.07.2005. But, he was not paid DCRG amount, even after retirement, without assigning any reason. Finally, the DCRG amount was paid on 09.02.2012. Thus, there had occurred an inordinate delay of about 7 years. In this regard, the petitioner made a representation, on 26.09.2012, requesting the respondents to pay interest for the delayed payment of DCRG, as per Rule 45(A) of the Tamil Nadu Pension Rules. Since the representation was not considered, the petitioner has come-up with the present writ petition seeking appropriate relief.

¶17

2.I have heard the learned counsel for the petitioner and https://hcservices.ecourts.gov.in/hcservices/ the learned Additional Government Pleader, taking notice for the respondents. By consent, the writ petition is taken-up for disposal at the admission stage itself.

¶18

¶19

3.There is no dispute that in this case there had occurred a delay of about 7 years in paying the DCRG amount. Under Rule 45(A) of the Tamil Nadu Pension Rules, the respondents are liable to pay interest at the rate of 8% per annum, for the delayed period, in the matter of payment of DCRG amount. Thus, the issue is very limited and I hold that the petitioner is entitled for interest at the rate of 8% per annum for the delayed period.

¶20

4.In the result, the writ petition is allowed. The respondents are directed to pay interest at the rate of 8% per annum for the period of delayed payment of DCRG amount from the date of retirement of the petitioner till payment was paid to him. The respondents shall complete the said exercise within a period of four months from the date of receipt of a copy of this order. No costs.

Sd/-

Assistant Registrar

/True Copy/

Sub Assistant Registrar

¶25

¶26

1.The Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

¶27

2.The District Revenue Officer,Sivagangai District, Sivagangai.

¶28

+1cc to Mr. S.Visvalingam Advocate in SR.No. 55883

¶29

+1cc to Special Government Pleader in SR.No. 56057.

TS/06.12.2013/2P-5C

Order in

W.P(MD)No.17258/2013

Dated:13.11.2013

https://hcservices.ecourts.gov.in/hcservices/

S.Dhanasekaran, v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

S.Dhanasekaran, v. the Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.B. Basheer Mohamad, Vs the State of Tamil Nadu

S.Gunasekaran, Vs Tamil Nadu State Transport

M. Raghu Krishnan, Vs the District Collector

N. Kandasamy, Vs the District Registrar

A.Davidson Tharmaraj, Vs the Chief Educational Officer

The Correspondent Vs the State of Tamil Nadu