P.Mohan v. The Commissioner For Municipal Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA P.Mohan ... Petitioner Vs.
1.The Commissioner for Municipal Administration, MRC Nagar, Chennai 600 028.
2.The Commissioner, Salem Corporation, Salem.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to forthwith pay interest on the belated payment of retirement benefits to the petitioner from the date of his retirement till the date of actual disbursement of the retirement benefits.
For Petitioner : M/s.A.Bharathi For Respondents : Mr.K.H.Ravikumar, GA for R1 Mrs.N.Devi, Standing Counsel for R2 Page No.1 of 6
ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents herein to forthwith pay interest on the belated payment of retirement benefits to the petitioner from the date of his retirement till the date of actual disbursement of the retirement benefits.
2. Heard M/s.A.Bharathi, learned counsel for the petitioner, Mr.K.H.Ravikumar, learned Government Advocate for the first respondent and Mrs.N.Devi, learned Standing Counsel for the second respondent.
3. The petitioner got retired from service due to superannuation on 30.04.2017. However, the retirement benefits were disbursed to him belatedly. Therefore, the petitioner is before this Court seeking interest for the belated payment.
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4. The learned Standing Counsel for the second respondent submitted a detailed table showing the payments made to the petitioner under different heads as follows:
S.No.
Date Details of Proceedings & Benefit Amount Disbursed Comments Gross Rs.
Deductions Rs.
Net Rs.
Cheque issued date 9.5.2017 C6/23626/2016 Earned Leave 240 Days 741904 91031 650873 23.07.2018 9.5.2017 C6/23626/2016 Leave on Private Affairs 180 Days 50%(90 Days) 278214 57312 220902 03.11.2017 24.08.2017 C6/23626/2016 Death-cumRetirement Gratuity 1000000 - 1000000 09.03.2020 24.08.2017 C6/23626/2016 Commutation 645404 - 645404 09.03.2020 24.08.2017 C6/23626/2016 Pension Arrears (May 2017 to July 2017) 117492 116802 09.03.2020 06.02.2018 C6/23626/2016 7th Pay Commission Basis Pension Revised Diff.
Amt.of DCRG 733160 - 733160 09.03.2020 06.02.2018 C6/23626/2016 Diff. Amt. of Commutation 1045505 - 1045505 09.03.2020 TOTA 4561679 149033 4412646 Page No.3 of 6
S.No.
Date Details of Proceedings & Benefit Amount Disbursed Comments Gross Rs.
Deductions Rs.
Net Rs.
Cheque issued date L
5. Despite the petitioner retired from service on 30.04.2017, his first payment itself was made only on 03.11.2017 towards leave encashment for leave on private affairs. The petitioner did not have any grievance on this element of payment. The petitioner's grievance is only with regard to other payments made in respect of gratuity, commutation, pension arrears paid in the year 2020.
6. The learned Standing Counsel for the second respondent submitted that the financial constraints in the respondent Corporation is the reason for the belated payment.
7. So far as the petitioner is concerned, he has not attributed the delay. Therefore, the second respondent is directed to pay interest for the belated payment made with regard to the petitioner's retirement benefits. Page No.4 of 6
8. In the result, this Writ Petition is disposed and the second respondent is directed to pay the statutory interest of 8% for gratuity amount as per the Tamil Nadu Pension Rules and an interest at the rate of 6% for the rest of the payments, within a period of six weeks from the date of receipt of a copy of this order. No costs. 29.02.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk To 1.The Commissioner for Municipal Administration, MRC Nagar, Chennai 600 028.
2.The Commissioner, Salem Corporation, Salem.
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R.N.MANJULA , J.
gsk 29.02.2024 Page No.6 of 6