Research › Search › Judgment

Madras High Court · body

2010 DIGILAW 4039 (MAD)

L. R. Dorairaj v. The State of Tamil Nadu Rep. by the Secretary to Government R. D. & L. A. Department, Chennai

2010-09-06

D.HARIPARANTHAMAN

body2010
Judgment :- 1. The petitioner was retired from service on 31.08.1992. He was not paid pension due to the pendency of certain charges. Later, the charges were dropped. In these circumstances, there was a delay in payment of terminal benefits. During 1999, DCRG was paid along with interest. However, the arrears of pension was paid without interest on the ground that the Pension Rules do not provide for interest. 2. Hence the petitioner filed an Original Application in O.A.No.3117 of 2000 before the Tamil Nadu Administrative Tribunal claiming interest at the rate of 18% per annum on the belated payment of provisional pension. 3. The respondents filed reply affidavit stating that the Pension Rules do not provide for interest on the arrears of pension. 4. On abolition of the Tribunal, the matter stood transferred to this Court and renumbered as W.P.No.43429 of 2009. 5. Heard the submissions made on either side and perused the materials available on record. 6. The matter is squarely covered by the judgment of a Division Bench of this Court in GOVERNMENT OF TAMIL NADU, REPRESENTED BY THE SECRETARY TO GOVERNMENT VS. M.DEIVASIGAMANI reported in 2009 (3) MLJ 1 . The Division Bench judgment granted interest for the belated payment at the rate of 10%, following the decision of the Honourable Apex Court in S.K.DUA VS. STATE OF HARYANA reported in 2008 (3) SCC 44 . Para 7 of the aforesaid Division Bench judgment is extracted here-under: "In view of the judgment of the Supreme Court, it is now well settled that an employee is entitled to interest on belated payment of pension and other retiral benefits, even in the absence of statutory rules/administrative instructions or guidelines and he can make his claim for interest, under Part III of the Constitution, relying on Articles 14, 19 and 21 of the Constitution." 7. In view of the categorical pronouncement of the Division Bench of this Court, the petitioner is entitled to interest for the belated payment of provisional pension. Accordingly, the respondents are directed to pay interest at the rate of 10% per annum on the belated payment of pension, within a period of eight weeks from the date of receipt of a copy of this order. 8. The writ petition is disposed of with the above direction. No costs.