Madras High CourtWP/92/2021allowed

R.Kumarasamy v. The Additional Chief Secretary To Government

2024-03-01Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.92 of 2021 R.Kumarasamy ...

Petitioner /vs/ The Additional Chief Secretary to Government, Rural Development and Panchayat Department, Fort St. George, Chennai - 600 009.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the respondents to dispose of the representation of the petitioner dated 14.10.2019 and thereby sanction interest on Rs.80,865/- from 07.03.2005 to 03.10.2019 as per G.O.Ms.No.122, (Finance) Pension dated 22.02.1995 with 18% interest to the petitioner.

For Petitioner ... Mr.A.R.Nixon For Respondents ... Mr.K.H.Ravikuamr Government Advocate

ORDER

The petitioner who retired on 31.08.1994 as Block Development Officer has filed this writ petition stating that his terminal benefits have been disbursed belatedly and for which he is entitled to interest.

2. The petitioner had already filed a Writ Petition in W.P.No.11537/2008 for claiming interest on the belated payment of DCRG and an order has been passed on 22.11.2018 by allowing the said writ petition. However, the interest on the same has been calculated only from 01.12.1994 to 07.03.2005.

3. Mr.A.R.Nixon, the learned counsel for the petitioner, submitted that the amount which is due to be paid for the year 2005 has been settled to the petitioner only in the year 2019 and for which the petitioner has to be given with interest.

4. Mr.K.H.Ravikumar, the learned Government Advocate, submitted that the interest on DCRG has been allowed from 01.03.1993 to 07.03.2005. However it has been settled on 23.08.2019.

5. In view of the above submissions, I feel the respondents should pay interest for the delay in settling the terminal benefits to the petitioner.

6. Accordingly, this writ petition is allowed and the respondent is directed to consider the representation of the petitioner dated 14.10.2019 and pass orders by paying interest on DCRG amount from 07.03.2005 to 23.08.2019 on which date the actual payment was made, along with interest at the rate of 8% p.a., within a period of four weeks from the date of receipt of a copy of this order. No costs.

01.03.2024 Index: Yes / No Speaking order / Non-speaking order bkn

R.N.MANJULA ,J.

bkn To:

The Additional Chief Secretary to Government, Rural Development and Panchayat Department, Fort St. George, Chennai - 600 009.

01.03.2024