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2014 DIGILAW 778 (MAD)

B. Muniswamy v. Secretary to Government Revenue Department Secretariat

2014-03-27

D.HARIPARANTHAMAN

body2014
Judgment : 1. Heard both sides. With the consent of both parties, the writ petition is taken up for final disposal, as the matter lies in a very narrow compass. 2. The petitioner was appointed as Junior Assistant through the Tamil Nadu Public Service Commission, on 20.05.1964. He was promoted as Assistant on 21.12.1990. While so, he reached the age of superannuation on 30.09.1995 and he was permitted to retire from service as Revenue Inspector by the third respondent District Collector, Villupuram. 3. It is not in dispute that no disciplinary proceedings or criminal proceedings are pending against the petitioner. However, unfortunately, the terminal benefits were not paid to him, though he retired from service on 30.09.1995, inspite of various representations. Hence, he filed this writ petition seeking payment of all terminal benefits, with interest. 4. It is interesting to note that for sometime in the meantime, the petitioner was paid provisional pension. I am not able to understand as to how the Department paid provisional pension. The occasion to give provisional pension would arise only in case a departmental proceeding is pending against the employee and he is permitted to retire from service without prejudice to the outcome of the disciplinary proceedings and he is not kept under suspension. It is not so in this case. Even the said provisional pension was paid only for sometime, as stated above. 5. After notice of motion was ordered on 01.03.2011, on 14.09.2012, this Court has passed the following order : "Learned Addl. Govt. Pleader, on instructions, submitted that the amount due to the petitioner has already been paid. However, the said submission is disputed by the learned counsel for the petitioner. Learned Addl. Govt. Pleader seeks time to file counter incorporating the developments that took place subsequent to the filing of the writ petition. Post on 26.09.2012 under the caption "for orders". Thereafter, on 03.02.2012, DCRG for an amount of Rs.51,576/-was paid to the petitioner. Further, on 13.10.2012, an amount of Rs.9,57,206/- was paid to the petitioner towards pension arrears. 6. According to the learned counsel for the petitioner, the grievance of the petitioner could be redressed only if he is granted interest for the belated payment of retirement benefits. Thereafter, on 03.02.2012, DCRG for an amount of Rs.51,576/-was paid to the petitioner. Further, on 13.10.2012, an amount of Rs.9,57,206/- was paid to the petitioner towards pension arrears. 6. According to the learned counsel for the petitioner, the grievance of the petitioner could be redressed only if he is granted interest for the belated payment of retirement benefits. In support of his contention, he has relied on my judgment dated 23.12.2009 rendered in W.P.No.49627 of 2006, which in turn relied on a Division Bench judgment of this Court in GOVERNMENT OF TAMIL NADU VS. M.DEIVASIGAMANI [ 2009 (3) MLJ 1 ] following the decision of the Honourable Supreme Court in S.K.DUA VS. STATE OF HARYANA [ 2008 (3) SCC 44 ]. Para 7 of the aforesaid Division Bench judgment is usefully 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 terminal benefits. 8. In these circumstances, the first respondent is directed to disburse the retirement benefits with interest as provided under the rules and if the rule is silent relating to payment of interest, the interest shall be at the rate of 10% and the same shall be paid from the date of retirement till the date of settlement of terminal benefits, within a period of eight weeks from the date of receipt of a copy of this order. 9. The writ petition is disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petition is closed.