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Madras High Court · body

2009 DIGILAW 5874 (MAD)

K. Nalliappan v. The Commissioner & Others

2009-12-23

D.HARIPARANTHAMAN

body2009
Judgment The Original Application in O.A.No.858 of 2001 before the Tamil Nadu Administrative Tribunal is the present writ petition. 2. The petitioner was retired from service as Headmaster in Kallanai Corporation Primary School at Kallanai in Tirunelveli Town on 31.08.1993 after rendering a long years of service. According to him, he was not paid various benefits. It is the contention of the petitioner that he was not paid certain benefits. Hence he filed O.A.No.858 of 2001 (W.P.No.4270 of 2006) praying for the following relief:- (i) to direct the respondents to pay to the applicant the amount due and payable towards balance 10% of the P.F amount and the interest by the respondents on the Provident Fund amounts contributed by the applicant, together with further interest at 12% P.A there on delayed payment from the date of retirement from 01.09.1993 to till the date of payment. (ii) to direct the respondents to pay the arrears of salary together with interest thereon as per recommendation of 5th pay commission with further interest from the date of retirement till date of payment i.e from 01.09.1993. (iii) to direct the respondents to pay the balance gratuity amount together with interest from the date of retirement i.e 01.09.1993 till the date of payment. (iv) to direct the respondent to pay the ex-gratia amount of Rs.525/- which was sanctioned for they year 1992-1993 (V) to pay costs of the application. (vi) to pass such further or other orders as this Honble Tribunal may deem fit and proper in the circumstances of the case. 3. The first respondent filed a reply affidavit and the respondents 2 and 3 filed a common reply affidavit. The respondents have also filed typed set of papers. 4. Heard Mr. P.S. Ethirajan, learned counsel for the petitioner and Mr.C.Kalaiselvan, learned counsel for the 1st respondent, Mrs.C.K. Vishnupriya, learned Additional Government Pleader for respondents 2 and 3. 5. The learned counsel for the petitioner states that he confines his claim to .(a) arrears of salary amount Rs.11,853/-for a period from 01.06.1988 to 31.08.1993 payable as per recommendations of the 5th pay commission with interest. .(b) gratuity amount of Rs.1,000/-with 12% interest from 01.09.1993 to till the date of payment. .(c) ex-gratia payment of Rs.525/-payable for the year 1992 to 1993 together with interest from 01.09.1993 till the date of payment. 6. .(b) gratuity amount of Rs.1,000/-with 12% interest from 01.09.1993 to till the date of payment. .(c) ex-gratia payment of Rs.525/-payable for the year 1992 to 1993 together with interest from 01.09.1993 till the date of payment. 6. Taking into account the age of the petitioner, i.e., he is aged 74 years, the learned counsel for the respondents have taken steps positively for bringing this litigation to end. 7. The learned counsel for the respondents 2 and 3 are willing to pay the balance gratuity of Rs.1,000/- with interest as per rules. As far as the ex-gratia payment of Rs.525/- is concerned, the learned counsel says that there is no provision for payment of interest on ex-gratia payment. However she says that the respondents are willing to pay the amount of Rs.525/-. 8. The learned counsel for the first respondent has produced the written instructions from the first respondent and the same in placed on record. As per the written instructions, the first respondent is willing to pay the arrears of salary Rs.11,853/-along with interest, if the petitioner approaches the first respondent along with proper voucher for the respective payment. 9. In view of the statement made by the learned counsel for respondents 1 and 2, a direction is issued to the first respondent to pay the arrears of salary amount of Rs.11,853/- for the period from 01.06.1988 to 31.08.1993, as per the recommendations of the 5th Pay Commission with 8% interest from 01.09.1993 till the payment made within a period of eight weeks from the date of receipt of a copy of this order. A further direction is issued to the respondents 2 and 3 to pay Rs.1,000/- towards balance amount of gratuity with interest till date which is admissible under the rules and also to pay of Rs.525/- towards ex-gratia for the year 1992-1993 within eight weeks from the date of receipt of copy of this order. The writ petition is disposed of with the above direction. No costs.