Allowed

G.Arokiyasamy, v. the Principal Secretary to

Madras HC23 Jan 2018WP(MD)/174/2018

Case brief

AI extract

What is this about?

This writ petition under Article 226 addressed the belated settlement of retirement benefits. The court directed the first respondent to compute and pay interest on the delayed payment within 12 weeks, allowing the writ petition.

What did the court decide?

Directed the first respondent to compute interest amount payable at 18% for DCRG and 12% for other benefits pursuant to Rule 45(A) of Tamil Nadu Pension Rules, 1978 and pay the same within 12 weeks.

G.Arokiyasamy, Vs the Principal Secretary to — Pension and Retirement Benefits | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 23.01.2018

¶4

CORAM :

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶6

W.P.(MD)No.174 of 2018

G.Arockiyasamy

... Petitioner

Vs.

The Principal Secretary to Government, Revenue Department, Secretariat, Chennai – 600 009. 2. The District Collector, Sivagangai District, Sivagangai. ... Respondents

¶11

Prayer : This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the first respondent i.e., the Principal Secretary to Government, Revenue Department, Chennai to pass appropriate orders on the representation dated 16.10.2017 of the petitioner regarding sanction of interest for belated payment of retirement benefits on merits and in accordance with law within a specified time frame that may be fixed by this Court.

¶12

For petitioner : Mr.S.Visvalingam For Respondents : Mr.J.Gunaseelan Muthaiah, Addl., Government Pleader

¶13

ORDER

¶14

The petitioner is a retired employee. He retired from service on 31.10.2013. But, his retirement benefits and other benefits were settled only 06.10.2017. Thus, admittedly, there was a delay in settling the petitioner's terminal benefits.

¶15

2.When there is a belated settlement, the respondents are https://hcservices.ecourts.gov.in/hcservices/ bound to pay interest thereon. For DCRG, the interest rate is 18% under Rule 45(A) of the Tamil Nadu Pension Rules, 1978 and other benefits carry 12% interest rate. Therefore, the first respondent

¶16

¶17

is directed to compute interest amount payable to the petitioner and pay the same within a period of 12 weeks from the date of receipt of a copy of this order.

¶18

3.The writ petition is allowed as indicated above. No costs.

¶19

Sd/-

¶20

Assistant Registrar (P&A)

¶21

/True Copy/

¶22

Sub Assistant Registrar

¶23

¶24

The Principal Secretary to Government, Revenue Department, Secretariat, Chennai – 600 009.

¶25

The District Collector, Sivagangai District, Sivagangai.

¶26

- 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 44363 + 1 CC TO Mr.S.VISVALINGAM, ADVOCATE IN SR No. 43328

¶27

SKM

¶28

TE/SV-MMS/SAR-2 : 28/02/2018 : 2P/5C

¶29

W.P.(MD)No.174 of 2018

¶30

23.01.2018

¶31

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

G.Arokiyasamy, v. the Principal Secretary to

Case brief

What is this about?

What did the court decide?

G.Arokiyasamy, v. the Principal Secretary to

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

A.Alexander, Vs the State of Tamil Nadu

The General Manager Vs the Presiding Officer

U.Sugumaran, S/O.Urangapuli Vs the Principal Secretary

A.a.Daniel Vs the Secretary

A.a.Daniel Vs the Secretary

Dr.v.Ramakrishnan, Vs the District Educational