A retired municipality employee filed a writ petition seeking interest for delayed termination benefits. The High Court set aside the respondent's rejection order and directed payment of interest under Rule 45A.
Set aside impugned proceedings of 22.03.2021; directed respondent to pay interest under Rule 45A for belated payment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD)No.8132 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 25.11.2024
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
WP(MD) No.8132 of 2021
R.Balasubramanian ... Petitioner
versus
The Commissioner, Sivagangai Municipality, Sivagangai.
... Respondent
Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to Na.Ka.No.3085/2020/B2 dated 22.03.2021 pending on the file of the respondent, quash the same and direct the respondent to pay the interest for all his monetary benefits due to his retirement.
For Petitioner : Mr.N.Tamilmani For Respondent : Mr.J.Lawrance
ORDER
The petitioner is a retired employee of the respondent
Municipality. He joined the service in the year 1978 and retired as a Bill
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Collector in the year 2012. His terminal benefits were provided to him after a period of 11 months from the date of his retirement. Therefore, by referring to the provision under Rule 45A of the Tamil Nadu Pension Rules, he made a request for interest for the belated payment on retirement benefits. The same was negatived by the respondent by impugned proceedings dated 22.03.2021. Challenging the same, the present writ petition is filed.
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rejected by the impugned proceedings dated 22.03.2021. Hence, he filed the present writ petition.
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writ petition referred in the impugned order in W.P.(MD)No.11884 of 2010 was filed by the petitioner as against the order of recovery made against him in the year 2010. This Court, while entertaining the writ petition, on 17.09.2010 granted an order of interim stay. Therefore, this Court, by order dated 10.11.2016, allowed the writ petition in favour of the petitioner by setting aside the order of recovery passed by the respondent in Na.Ka.No.C1/1201/2009 dated 30.08.2010.
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dsk/ogy NCC : Yes / No. Index : Yes / No. Internet: Yes/No.
To
The Commissioner, Sivagangai Municipality, Sivagangai.
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B.PUGALENDHI, J.
dsk/ogy
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2 issues framed by the court
Whether the petitioner is entitled to interest for belated payment of terminal benefits under Rule 45A of Tamil Nadu Pension Rules.
Whether the respondent's refusal to pay interest was justified by a delay attributed to an interim stay order.
Colour shows how this judgement treated each authority
W.P.M.P.(MD) No.1 of 2010 in W.P. (MD) No.11884 of 2010Referred¶27
2 provisions across 2 enactments
R. Balasubramanian
The Commissioner, Sivagangai Municipality
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
