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Madras High CourtWP/30702/2012disposed of

S.K.Subbiah v. The Government Of Tamilnadu

2023-06-23Honourable Mr Justice J.Sathya Narayana Prasad8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2023

CORAM:

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.K.Subbiah ... Petitioner vs.

1.The Government of Tamilnadu Represented by Secretary to Government Animal Husbandry, Dairying and Fisheries (F.S2) Department, Secretariat, Chennai-9.

2.The Director of Fisheries Chennai-6 3.The Principal Accountant General (A & E) Tamilnadu, Chennai-600 018.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of the first respondent in Government Letter No.3657/FS.2/201112, Animal Husbandry, Dairying and Fisheries (F.S.2) Department, dated 1/8

24.09.2012, to quash the same to the limited extend of rejection of claim of interest on the delayed disbursement of DCRG and issue consequential directions to the respondents to grant and disburse interest at 18% per annum for the delayed disbursement of DCRG of Rs.2,20,539/- for the period from 20.07.2005 onwards till date of sanction of interest within a time limit.

For Petitioner : Mr.J.Muthukumaran For R1 and R2 : Mr.T.K.Saravanan Government Advocate For R3 : M/s.T.S.Seva Rani

ORDER

This Writ Petition has been filed seeking Writ of Certiorarified Mandamus, to call for the records relating to the order of the first respondent in Government Letter No.3657/FS.2/2011-12, Animal Husbandry, Dairying and Fisheries (F.S.2) Department, dated 24.09.2012, to quash the same to the limited extend of rejection of claim of interest on the delayed disbursement of DCRG and issue consequential directions to the respondents to grant and disburse interest at 18% per annum for the delayed disbursement of DCRG of Rs.2,20,539/- for the period from 20.07.2005 2/8

onwards till date of sanction of interest within a time limit. 2.The case of the petitioner is that he joined service as junior assistant in the fisheries department on 09.10.1967 and he become eligible for promotion. Though the petitioner was eligible for inclusion of his name in the panel for the year 1973 for promotion as Assistant which was approved in Memorandum No.16843/M2/73, dated 24.1.1973, his name was not included in the said panel. Subsequently, the petitioner's name was included in the panel for the year 1974, and he was promoted as Assistant in the year 1974, on the basis of G.O (2D) No.11, Animal Husbandry and Fisheries Department, dated 29.04.1998.

Based on the said order, the seniority of the petitioner was refixed when he was in the post of Assistant and his name was included in the panel for the year 1996, for promotion as Superintendent. Subsequently, he was promoted as Superintendent on 11.05.1998.

panel prescribed in the above referred G.O.

3. Thereafter, a proposal was sent to the Government for issuing necessary amendment. However, the Government, without considering the same, passed orders in G.O.(2D).NO.37, Animal Husbandry and Fisheries (FSII) Department, dated 29.09.2000. Aggrieved by the same, the petitioner preferred O.A.No.7541 of 2000 before the Tribunal, wherein the petitioner was granted interim stay. Thereafter, O.A.No.7541 of 2000 was transfered to the file of this Court and renumbered as W.P.No.45955 of 2006. Meanwhile, the petitioner attained the age of superannuation on 30.04.2005. This Court vide order dated 20.01.2011 allowed the aforesaid W.P, setting aside the orders challenged by the petitioner. Thereupon, the third respondent vide No.AG(A&E)/PEN/P.27/5/RTD/20112012/12704629/GPO, authorized disbursement of Rs.2,20,539/- towards DGRG payable to the petitioner.

4. It is the grievance of the petitioner that the DCRG payable to the petitioner should be disbursed within a period of three months from the date 4/8

of retirement, however there was a delay in payment of the same. Hence, the petitioner is entitled for interest on the delayed payment of DCRG. Thereby, the petitioner made a representation dated 24.09.2011 before the first and second respondents for granting 18% interest per annum on delayed payment of DCRG. However, the first respondent vide its impugned order dated 24.09.2012 rejected the claim of the petitioner as regards the delayed payment of DCRG. Hence, the present Writ Petition.

5. Learned Government Advocate appearing for the respondents 1 and 2 filed the counter. The relevant paragraphs in the counter affidavit of the respondents 1 and 2 are extracted herein under: "5.With reference to Para 6 of the affidavit filed by the petitioner it is submitted that petitioner was permitted to retire from Government service on 30.04.2005 a.n without prejudice to the cases pending in the court in which the Personal Assistant (Accounts) of this office and other offices of this department have been impleaded for recovery of the outstanding amount due to the financial institutions / banks vide Director of Fisheries, Chennai-6 Proceedings No.60745/M2/2002, dated 29.04.2005. Therefore the 5/8

contention of the petitioner that he was permitted to retire on 30.04.2005 is not correct and deserves to be dismissed in limine.

9.With reference to grounds (c) of the affidavit, it is submitted that as per the court direction ordered on 20.01.2011 in W.P.No.45955/2006 (TAT) No.7541/2000) the pay of the petitioner was regulated from the Year 1974 to 2005 and pension proposal was sent to Accountant General by Assistant Director of Fisheries (Marine) Chennai in Lr.No.2232/A/2011, dated 20.06.2011.

The Accountant General has also sanctioned the benefits vide this Letter dated 25.06.2011. On receipt of orders from Accountant General, the DCRG was paid to the petitioner after deducting the loan amount due to the fisheries officials co-operative society on 17.02.2012."

6.Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for respondents 1 and 2 and the learned counsel for the third respondent.

7.On a perusal of the materials available on records, this Court directs 6/8

the respondents to pay interest at the rate of 9% per annum for the belated payment of DCRG for the period from 30.07.2005, to till the date of disbursement i.e on 17.02.2012 within a period of twelve weeks from the date of receipt of a copy of this order.

8. In view of the above direction, this Writ Petition stands disposed of. No Costs.

23.06.2023 Index :

Yes/No Speaking order :

Yes/No Anu To:

1.The Secretary to Government Animal Husbandry, Dairying and Fisheries (F.S2) Department, Secretariat, Chennai-9.

2.The Director of Fisheries Chennai-6 3.The Principal Accountant General (A & E) Tamilnadu, Chennai-600 018.

J.SATHYA NARAYANA PRASAD,J.

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