S.Baskaran v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-03-2025
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P.No.15851 of 2022
1. S.Baskaran S/o. D.Sankaran No.19, Senthil nagar, 1 st Street, Manali High Road, Chennai - 600 051.
Petitioner(s) Vs
1. State of Tamil Nadu Rep. By the Secretary to Government Labour & Employment Department Fort St. George, Cehnnai - 09.
2.The Director of Employment of Training, Guindy, Chennai.
3. The Principal Accountant General of Tamil nadu, Teynampet, Chennai.
4. The Correspondent, St. Sebastian's Industrial Training Centre, Madavaram, Chennai - 60.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to pay interest at the rate of 8% per annum to the petitioner on the belated payment of pension & other pensionary benefits at the rate of 8% per annum from the date of his entitlement from September 2003 onwards to November 2017 i.e. till the disbursement of arrears of pension and other pensionary benefits. For Petitioner(s):
Mr. R.Prem Narayan For Respondent(s):
Mr.T.Chezhiyan Additional Government Pleader for R1 and R2 Mr.P.Manorajan Standing Counsel for R3 No appearance for R4
ORDER
The writ petition has been filed to direct the respondents to pay interest at the rate of 8% per annum to the petitioner on the belated payment of pension &
other pensionary benefits at the rate of 8% per annum from the date of his entitlement from September 2003 onwards to November 2017 i.e. till the disbursement of arrears of pension and other pensionary benefits.
2. The petitioner was employed as a Selection Grade Fitter Instructor in the 4th Respondent's Industrial Training Centre before being retrenched. The 4th Respondent's institute was a government-approved institution and received grants for salary payments. On 31.12.2001, the petitioner received a termination notice, effective from 31.07.2003. Hence, the petitioner along with colleagues, submitted a representation to the respondents requesting continuation of service or absorption into another government/aided institute. Since the same was not considered, he filed a writ petition in W.P. No. 24331/2002, to direct the respondents to decide on his representation. The petitioner had also filed a writ petition in W.P. No. 31820/2002 challenging the termination, resulting in another order for the 2nd Respondent to consider alternate employment.
3. The 2nd Respondent rejected the request of the petitioner on 17.09.2002. He then filed a W.P. No. 42171/2002, which was allowed on 31.03.2010, directing the respondents to provide alternate employment. However, the government appealed (W.A. No. 431/2011), and the order was overturned on 15.11.2012. The Petitioner further filed SLP (CC) No. 7203/2015 before the Supreme Court, which was dismissed on 24.04.2015 due to delay and also on merits.
4. The 3rd Respondent issued the pension order (P.P. No. R2415612) on 29.08.2017, and arrears from 2003-2017 were paid to the petitioner in November 2017. Despite repeated requests, no interest was paid for the delayed pension disbursement, prompting the present writ petition. Aggrieved over which the present writ petition was filed.
5. Mr.T.Chezhiyan, the learned Additional Government Pleader appearing for respondents 1 and 2, submitted that the respondents will consider the representation of the petitioner and suitable orders will be passed by the respondents.
6. Considering the above submission, the writ petition is disposed and the respondents are directed to consider the representation of the petitioner and pass suitable orders within a period of four weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed. 29-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn
To
1. The Secretary to Government Labour & Employment Department Fort St. George, Cehnnai - 09.
2.The Director of Employment of Training, Guindy, Chennai.
3. The Principal Accountant General of Tamil nadu, Teynampet, Chennai.
R.N.MANJULA J.
bkn 29-04-2025