N. Kuppusamy v. Secretary to Government Health & Family Welfare Department
2014-03-18
D.HARIPARANTHAMAN
body2014
DigiLaw.ai
Judgment : 1. Heard both sides. By consent, the writ petition is taken up for final disposal. 2. The petitioner was a Senior Civil Surgeon. He retired from service on 31.01.2004. However, some of the terminal benefits, such as, leave salary, increment arrears from 01.07.2002 to 31.01.2004 and Hill and Winter allowances was not paid to him. Leave salary was sanctioned to the petitioner only on 10.04.2008. Subsequently, after a long time, the incremental arrears were paid on 26.11.2009 and the Hill allowance was paid on 29.07.2011. 3. In these circumstances, the petitioner has filed this writ petition claiming interest on the belated payment of the aforesaid amounts. 4. The fifth respondent has filed counter affidavit. The learned Additional Government Pleader appearing for the respondents 1 to 4 has made submissions based on instructions. 5. The learned counsel for the petitioner admits that the petitioner is not entitled to winter allowance and he is only entitled to Hill allowance. 6. It is well settled that if there is delayed settlement of terminal benefits, an employee is entitled to interest as per the decision of a Division Bench of this Court in GOVERNMENT OF TAMIL NADU, REPRESENTED BY THE SECRETARY TO GOVERNMENT VS. M.DEIVASIGAMANI [2009(3)MLJ 1]. The said 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 [ 2008 (3) SCC 44 ]. 7. In this regard, para 7 of the aforesaid judgment of the Division Bench of this Court reported in 2009 (3) MLJ 1 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." 8. In view of the categorical pronouncement of the Division Bench of this Court, the petitioner is entitled to interest for the belated payment of retiral benefits. Hence, the first respondent is directed to pay interest at the rate of 10% for the belated payment of the aforesaid amount.
In view of the categorical pronouncement of the Division Bench of this Court, the petitioner is entitled to interest for the belated payment of retiral benefits. Hence, the first respondent is directed to pay interest at the rate of 10% for the belated payment of the aforesaid amount. The interest shall be paid from the date of retirement to the date of payment of the belated settlement of terminal benefits. The first respondent is directed to pay interest, as stated above, within a period of eight weeks from the date of receipt of a copy of this order. 9. With the above direction, the writ petition is disposed of. No costs.