Annamalai v. The District Forest Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.6099 of 2020 Annamalai ... Petitioner Vs.
1.The District Forest Officer, Hosur, Krishnagiri District.
2.The Soil Conservation Officer, Mettur Soil Conservation Scheme Division, Dharmapuri.
3.The Commissioner, The Pay and Accounts Officer, Nandanam, Chennai.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to disburse the retirement benefits and pension benefits with interest at 12% per annum to the petitioner.
For Petitioner :
Mr.K.Thiruvengadam For Respondents :
Mr.S.Rajesh, Page No.1 of 6
Government Advocate
O R D E R
The relief sought by the petitioner in this writ petition is to direct the respondents to disburse the retirement benefits and pension benefits with interest at 12% per annum to the petitioner.
2. The case of the petitioner is that the petitioner was retired from service on 31.03.2018 as Forest Watcher at Perandapalli Beat, Hosur Range, Krishnagiri by the proceedings of the second respondent herein. However, till date, his retirement benefits and pension benefits are not sanctioned and disbursed to him. He has also made a representation dated 03.05.2018 to the respondents and the same was not considered till date. Hence, the petitioner has come forward with the present writ petition.
3. Learned counsel for the petitioner submitted that despite the representation dated 03.05.2018, the respondents have not settled the retirement benefits and pension benefits to the petitioner, till date. Hence, he prayed this Court that direction may be issued to the respondents to settle the Page No.2 of 6
retirement benefits and pension benefits to the petitioner with 12% interest per annum, within a stipulated time to be fixed by this Court.
4. Learned Government Advocate appearing for the respondents would submit that the representation of the petitioner dated 03.05.2018 will be considered and appropriate orders will be passed by the respondents on merits and in accordance with law.
5. Heard the learned counsel on either side and perused the materials available on record.
6. In the case on hand, the petitioner has retired from service on 31.03.2018 and sent a representation to the respondents for settling the retirement benefits and pension benefits on 03.05.2018. However, till date, the respondents have not taken any action in this regard. Hence, he has filed the present writ petition in the year 2020. As on date, the age of the petitioner is 65 years and this Court is not inclined to accept the submission made by the learned Government Advocate appearing for the respondents that the representation of the petitioner will be considered, which was given Page No.3 of 6
six years back.
7. In view of the above factual matrix of the case, this Court directs the first respondent to settle the retirement benefits and pension benefits to the petitioner, which he is entitled as per rules, Government Orders in vogue, along with an interest at the rate of 7% per annum from the date of retirement to till the date of payment, within a period of eight weeks from the date of receipt of a copy of this order.
8. This writ petition is disposed of with the aforesaid observation and direction. No costs.
09.12.2024 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The District Forest Officer, Hosur, Krishnagiri District.
Page No.4 of 6
2.The Soil Conservation Officer, Mettur Soil Conservation Scheme Division, Dharmapuri.
3.The Commissioner, The Pay and Accounts Officer, Nandanam, Chennai.
J.SATHYA NARAYANA PRASAD,J.
vm Page No.5 of 6
09.12.2024 Page No.6 of 6