C.Krishnan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.1435 of 2015 C.Krishnan ... Petitioner Vs.

1.The Secretary to Government, Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai - 600 009.

2.The Revenue Divisional Officer, Salem - 636 001.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of MANDAMUS, directing the first respondent to consider and pass order on the petitioner's representation dated 24.10.2014 with regard to award interest at the rate of 12% p.a. on the belated payment of retiral benefits such as Gratuity encashment of earned leave pay fixation arrears etc., within a stipulated time frame as fixed by the Hon'ble Court.

For Petitioner : Mr.M.Ramdass For Respondents: Mr.K.Dhananjeyan For R1 to R3 Special Government Pleader

O R D E R

The relief sought for in this Writ Petition is for a direction to the first respondent consider the representation submitted by the petitioner on 24.10.2014 and the claim is in respect of payment of interest at the belated settlement of retiral benefits including Gratuity, encashment of earned leave, pay fixation arrears etc.

2.The learned counsel appearing for the petitioner would content that the petitioner was appointed as Village Administrative Officer and retired from service on 28.02.2005, on attaining the age of Superannuation. However, all the https://hcservices.ecourts.gov.in/hcservices/

retiral benefits were settled belatedly to the petitioner. Thus, the petitioner made a representation to the first respondent for payment of interest at the rate of 12% p.a. on the belated payment of retiral benefits. In this regard, the learned counsel relied on G.O.(2D).No.272, School Education (Ne.Va.1(1)) Department dated 17.10.2016, through which the similar case of another person was considered and the interest for the belated payment was made.

4.Considering the facts and circumstances, the respondents are directed to consider the representation submitted by the petitioner on 24.10.2014 and pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5.Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar klt/rpa To

1. The Secretary to Government, Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai - 600 009.

2. The Revenue Divisional Officer, Salem - 636 001.

+ 1 cc to M/s.M.Ramdass, Advocate,SR.53478 + 1 cc to The Govt.Pleader, SR.56243 W.P.No.1435 of 2015 NR 28/08/2017 https://hcservices.ecourts.gov.in/hcservices/