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Madras High CourtWP/551/2016dismissed

S.Subramaniyan, v. Secretary To Government,

2022-11-23Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Subramaniyan

...Petitioner

Vs.

1.The Secretary to Government, Home Department, Fort St. George, Chennai - 9.

2.The Director General of Police, Chennai - 600 004.

3.The Superintendent of Police, Railway Police, Trichy District.

Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents herein to sanction and pay the retirement benefits due to the petitioner with effect from 31.10.1996, together with 12% compounding interest per annum, within a time-frame as deem and fit by this Court.

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For Petitioner : Mr.G.Bala for M/s.G.Bala and Daisy For Respondents : Mr.S.Rajesh Government Advocate

ORDER

The writ petitioner is a retired Sub Inspector of Police allowed to retire from service on 31.10.1996. The terminal and pensionary benefits due to the writ petitioner was settled during that relevant point of time and the present writ petition is filed claiming interest for the belated settlement of terminal benefits. The petitioner was placed under suspension during the eve of his retirement and after completion of the disciplinary proceedings, all his benefits were settled.

However, the fact remains that the petitioner was placed under suspension for about sixteen years and allowed to retire from service, in view of the fact that the criminal case under the Prevention of Corruption Act was pending against the writ petitioner during that relevant point of time and only after the disposal of the criminal case, the benefits due to him were settled. There is no reason to consider the case of the writ petitioner for grant of interest, since the disciplinary proceedings were pending against him for long time. That apart, the criminal case under the Prevention of Corruption Act was also pending.

Accordingly, this writ petition stands dismissed. No Costs. 23.11.2022 Index : Yes Internet : Yes Speaking order : Yes / No ssr To 1.The Secretary to Government, Home Department, Fort St. George, Chennai - 9.

2.The Director General of Police, Chennai - 600 004.

3.The Superintendent of Police, Railway Police, Trichy District.

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S.M.SUBRAMANIAM, J.

ssr 23.11.2022 4/4