Mohammed Zahiruddin v. The Secretary to the Government of Tamil Nadu Home Department & Another
2008-07-28
M.JAICHANDREN
body2008
DigiLaw.ai
Judgment :- 1. The petitioner has filed the writ petition praying that this Court may be pleased to call for the records pertaining to the proceedings, dated 25. 1996, issued by the second respondent, withholding the pension and other retiral benefits due to the petitioner, based on the letter, dated 110. 1995, received from the Works Manager, Police Transport Workshop-cum-Training School, Chennai, stating that certain amounts are due from the petitioner to the various co-operative societies. 2. The relevant paragraphs 9, 10, 11 and 12 of the reply affidavit filed on behalf of the respondents read as follows: "9. According to Rule 70 of the Tamil Nadu Pension rules it shall be the duty of every retiring Government servants to clear all Government dues before the date of his retirement. Where a retiring Government servant does not clear the Government dues and such dues as ascertainable a) an equivalent cash deposit may be taken from him, or b) out of the gratuity payable to him an amount equal to that recoverable on account of ascertainable Government dues shall be deducted therefrom. 10. The expression "ascertainable Government dues" includes dues to the local bodies or to the staff co-operative societies comprising of Government servants and registered under the Tamil Nadu Co-operative Societies Act, 1983. 11. Since, the applicant has not shown any interest to settle the matter before his retirement, the details of outstanding due amounts were informed to the Accountant General, Madras by the works Manager Police Transport Workshop-cum training school, Avadi for further action. 12. The Accountant General in his letter No.AG (A&E) Pension. 4/V/M 58-559/95-96/AR/160, dated 25. 1996, has admitted a sum of Rs.91,014/-(Rupees Ninety One Thousand and Fourteen Only) towards gratuity amount with the instructions to recover co-operative society dues of Rs.59,211.56 plus interest and Government dues if any before payment to the applicant, based on the reports facts given to the Accountant General, Madras-18, the above instructions were issued by the Accountant General, Madras-18." 3. The learned Additional Government Pleader appearing for the respondents had submitted that once the amounts due from the petitioner to the various co-operative societies had been cleared, the balance amount of gratuity due to the petitioner would be disbursed. 4.
The learned Additional Government Pleader appearing for the respondents had submitted that once the amounts due from the petitioner to the various co-operative societies had been cleared, the balance amount of gratuity due to the petitioner would be disbursed. 4. The learned counsel appearing for the petitioner has not been in a position to say whether the amounts due from the petitioner to the various co-operative societies had been cleared as on date. However, he had submitted that the writ petition may be closed recording the submission made by the learned counsel for the respondents. 5. Therefore, recording the submission made by the learned Additional Government Pleader appearing on behalf of the respondents, the writ petition stands closed. No costs.