S.Baskar v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2025
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.24094 of 2024 S. Baskar
...Petitioner
Vs
1. Registrar Tamilnadu Veterinary and Animal Sciences University, Madhavaram Milk Colony, Chennai - 51
2. Finance Officer, Tamilnadu Veterinary and Animal Sciences University, Madhavaram Milk Colony, Chennai - 51
3. Deputy Director, Local Fund Audit, Tamilnadu Veterinary and Animal Sciences University, Madras Veterinary College, Campus, Vepery, Chennai - 600 007.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to dispose off petitioner's representation dated 15.12.2022 and consequently to pay interest on delayed payment of retirement/benefits/gratuity as per the provisions of Tamilnadu pension rules and interest on delayed payment Act in accordance with law and pass orders.
For Petitioner : Mr.S. Pugalenthi 1/5
For Respondents-1&2 : Mr.J. Melwin Jabaz Standing Counsel For Respondent-3 : Mr.U. Baranidharan Additional Government Pleader
ORDER
The petitioner has filed this writ petition to issue a Writ of Mandamus directing the respondents to dispose off petitioner's representation dated 15.12.2022 and consequently to pay interest on delayed payment of retirement/benefits/gratuity as per the provisions of Tamilnadu pension rules and interest on delayed payment Act in accordance with law and pass orders.
2.The case of the petitioner is that the petitioner was appointed in the Respondent/University in the year 1994 and retired on 31.05.2019. The grievance of the petitioner is that inspite the petitioner retired on 31.05.2019, the terminal benefits was settled only on 07.10.2020. Hence, the petitioner is entitled to interest for the belated payment. Therefore, the petitioner gave a representation to the respondents on 15.12.2022. 2/5
However, no action has been taken by the respondents till date. Hence this petition.
3.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondents to consider the petitioner's representation and pass orders.
4. The learned standing counsel appearing for the first and second respondents submitted that the representation of the petitioner will be considered and will pay the eligible amount with 6% interest P.A as per the earlier orders of this Court.
5.Considering the facts of the case and the submissions made by either side counsel, this Court directs the Respondent/University to pay the eligible amount as payable to the petitioner along with interest at the rate of 6% per annum for the delay period in settling the said amount. This payment shall be made within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if the amount is not paid within the time frame fixed by this Court, it will fetch an interest at 3/5
the rate of 12% per annum from the date on which the amount became due and payable till the date of actual realisation. 6.With the above directions, this Writ Petition stands disposed of. No order as to costs.
02.01.2025 Index:Yes/No Speaking order/Non-speaking order smn To
1. Registrar Tamilnadu Veterinary and Animal Sciences University, Madhavaram Milk Colony, Chennai - 51
2. Finance Officer, Tamilnadu Veterinary and Animal Sciences University, Madhavaram Milk Colony, Chennai - 51
3. Deputy Director, Local Fund Audit, Tamilnadu Veterinary and Animal Sciences University, Madras Veterinary College, Campus, Vepery, Chennai - 600 007.
4/5
V.BHAVANI SUBBAROYAN,J.
Smn W.P.No.24094 of 2024 02.01.2025 5/5