S. Narayanaswamy v. Secretary to Government Health & Family Welfare Department Chennai
2012-07-05
M.JAICHANDREN
body2012
DigiLaw.ai
Judgment :- 1. Heard the learned counsels appearing for the parties concerned. 2. It has been stated that the petitioner had retired from service, as Deputy Director (Leprosy) Government Hospital, Dindigul. The petitioner had filed the present writ petition claiming interest, at the rate of 18% per annum, on the belated payment of terminal benefits due to him, from the date of his superannuation from service, on 31.12.2007, till the actual date of the disbursement of the terminal benefits. 3. It has been further stated that a charge memo, dated 20.12.2007, had been served on the petitioner, by the second respondent, two days prior to the date of his retirement. In the said charge memo, it had been alleged that the petitioner had committed certain irregularities, by the issuance of the false medical certificates, to three government officials, for getting income tax exemption, under Section 80 DDB of the Income Tax Act, 1961, and thereby causing a revenue loss to the Government, to the tune of Rs.26,000/-. Therefore, disciplinary proceedings had been initiated against the petitioner, under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. 4. Even though the petitioner had submitted his explanation, denying the charges, on 19.1.2008, there was no progress in the disciplinary proceedings, for more than 3 1/2 years thereafter. Therefore, the petitioner had preferred a writ petition, before this Court, in W.P.No.15731 of 2009. By an order, dated 29.9.2009, this Court had directed the first respondent herein to complete the enquiry and to pass final orders thereon, within a period of six months from the date of receipt of a copy of the said order. It had also been stated that, in the event of failure on the part of the first respondent in passing the final orders, within the said period, the charge memo, dated 20.12.2007, would stand quashed, automatically. 5. It had also been stated that the first respondent had not completed the enquiry, as directed by this Court, by its order, dated 29.9.2009, and therefore, the charge memo, dated 20.12.2007, issued against the petitioner, stood quashed, automatically, as per the said order of this Court. Thereafter, the petitioner had filed the writ petition before this Court, in W.P.No.7839 of 2010.
Thereafter, the petitioner had filed the writ petition before this Court, in W.P.No.7839 of 2010. By an order, dated 7.7.2010, this Court had observed that the enquiry, initiated against the petitioner, had not been completed within the time limit fixed by this Court, by its order, dated 29.9.2009, made in W.P.No.15731 of 2009. Therefore, the charge memo, dated 20.12.2007, issued against the petitioner stood quashed, automatically, as per the said order. It had also been stated that the petitioner was entitled to all the terminal benefits, consequent to the quashing of the charge memo and therefore, the respondents had been directed to disburse the terminal benefits, to the petitioner, within a period of eight weeks from the date of receipt of a copy of the said order. 6. It is noted that the said order had been made ready and delivered, on 12.7.2010. As such, the petitioner was entitled to receive the interest, as per the Government order, in G.O.Ms.No.122, Finance (Pension) Department, dated 20.2.1995, and as per the earlier orders passed by this Court, in W.P.No.15731 of 2009, dated 29.9.2009 and in W.P.No.7839 of 2010, dated 7.7.2010, including the decision of this Court, in D.P.SELVARAJ Vs. GOVERNMENT OF TAMIL NADU (2009) 5 MLJ 1361 . 7. The learned Additional Government Pleader, appearing for the respondents, had not refuted the factual aspects relating to the petitioner. 8. In view of the averments made by the petitioner in the affidavit filed in support of the writ petition, and in view of the submissions made by the learned counsels appearing for the parties concerned, and in view of the orders passed by this Court, in W.P.No.15731 of 2009, dated 29.9.2009 and in W.P.No.7839 of 2010, dated 7.7.2010, including the decision of this Court, in D.P.SELVARAJ Vs. GOVERNMENT OF TAMIL NADU (2009) 5 MLJ 1361 , and in view of the Government order, in G.O.Ms.No.122, Finance (Pension) Department, dated 20.2.1995, the respondents are directed to pay the interest on the retiral benefits of the petitioner, from the date of retirement of the petitioner, on 31.12.2007, till the actual date of the disbursement of the terminal benefits, as directed by this Court, by its order, dated 7.7.2010, in W.P.No.7839 of 2010. The writ petition is ordered accordingly. No costs.