Dr.A.Selvaraj v. C.B.M.College
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2021
CORAM
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN AND THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR W.A. No. 704 of 2020 Dr. A. Selvaraj ..Appellant Vs.
1.
C.B.M. College, rep. by its Secretary, Coimbatore - 641 042.
The Principal, C.B.M. College, Coimbatore - 641 042.
The Regional Joint Director of Collegiate Education, Coimbatore Region, Coimbatore - 641 018.
4.
The Treasury Officer, Coimbatore Huzur Treasury, Coimbatore - 641 018.
5.
Accountant General, Office of the Accountant General, Teynampet, Chennai - 600 018.
..Respondents Prayer:
Writ Appeal as against the order dated 15.07.2020 passed in W.P. No. 3224 of 2013.
Prayer in W.P.No.3224 of 2013:
Writ Petition filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the respondents to disburse all petitioners terminal benefits with 18% interest per annum.
For Appellant ::
Mr.R. Subramanian
For Respondents ::
Mr.G. Sankaran for R1 Mr.K. Tippu Sultan, Govt. Advocate for R2 to R4.
J U D G M E N T
(Judgment of the Court was delivered by S.VAIDYANATHAN,J.) The writ appeal has been preferred by the writ petitioner challenging the order of the learned Single Judge insofar as prayer of the petitioner for payment of interest on the belated payment of terminal benefits has not been considered. When the writ appeal was listed before this Court on 09.08.2021, the Division Bench headed by Honourable Justice Pushpa Sathyanarayana, passed the following order: "The third respondent herein/The Regional Joint Director of Collegiate Education, Coimbatore, is directed to go to the first respondent/C.B.M. College, Coimbatore and verify the records, in the light of the counter affidavits filed by the respondents 1 to 3.
the third respondent is also directed to verify as to whether the writ petitioner is paid with all his retiral benefits and if so, whether they are disbursed immediately or with the delay. If there is any delay, the third respondent is further directed to report before this Court as to the person who is responsible for the said delay and who is liable to pay the interest for the belated payment to the writ petitioner/appellant."
Today, the writ appeal has been listed before this Court for "compliance".
4.
Heard both parites.
5.
Pursuant to the order of this Court dated 09.08.2021, the Government has conducted an enquiry and fastened the liability on the College and observed that C.M. Ramaraj, the former Secretary of the College is responsible for the delay in disbursement of terminal benefits to the writ petitioner/appellant herein.
6.
Mr. G. Sankaran, learned counsel appearing for the College would submit that C.M. Ramaraj is unwell and that they need to file objections to the enquiry report. 7.
We make it very clear that we are not here to conduct any enquiry and it is for the Government to take a decision after furnishing the same to the College calling for objections. In case, any adverse orders are passed against the College or the person responsible for non-disbursement of the amount within time, it is open to the aggrieved party to challenge the said decision before the appropriate forum.
8.
As far as the issue regarding payment of interest on belated disbursement of terminal benefits is concerned, for which the present appeal has been preferred, undoubtedly, interest has got to be paid, but who has to pay the interest needs to be decided and the earlier Division Bench had directed to identify the person responsible for the delay. Though after the enquiry, report has been submitted, we do not want to go into those aspects in the appeal as there is no doubt that for the belated payment, interest is liable to be paid. Since a decision has got to be taken by the Government based on the enquiry report, depending upon the outcome of the decision by the Government, after hearing the College and the writ petitioner, the question as to who has to be fastened with the liability to pay the interest can also be decided. 9.
The writ appeal is disposed of with the above observation. No costs.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar nv To 1.
The Regional Joint Director of Collegiate Education, Coimbatore Region, Coimbatore - 641 018.
The Treasury Officer, Coimbatore Huzur Treasury, Coimbatore - 641 018.
Accountant General, Office of the Accountant General, Teynampet, Chennai - 600 018.
+1cc to Mr.R.Subramanian, Advocate, S.R.No.54902 +1cc to Mr.G.Sankaran, Advocate, S.R.No.55282 +1cc to the Government Pleader, S.R.No.55869 W.A. No. 704 of 2020 SSV(CO) SU(26/11/2021)