← Library
Madras High CourtWP/24012/2019dismissed

S.Deivasigamani v. The Government Of Tamilnadu

2019-11-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.24012 of 2019 S.Deivasigamani ..Petitioner vs The Government of Tamilnadu represented by the Secretary to the Government, Health and Family Welfare Department, Fort St.George, Chennai - 600009.

.. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondent to sanction interest for the belated payment of commutation of pension with further interest till the actual date of payment.

For Petitioner : Mr.J.Lakshmi Narayanan For Respondents : Mr.R.S.Selvam Government Advocate

O R D E R

The prayer sought for in this Writ Petition is to direct the respondent to sanction interest for the belated payment of commutation of pension with further interest till the actual date of payment.

2. By consent of both the parties, the Writ Petition has been taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that he was working as Junior Administrative Officer and retired in the year 1999 on his superannuation. His retirement benefits were settled only after ten years. The petitioner made representation on 27.06.2019 to pay him the interest for the belated payment of commutation of pension. The said request was not considered. Hence, the present Writ Petition has been filed. 1/3

4. The learned counsel for the petitioner would submit that the petitioner was retired from the service in the year 1999 and his retirement benefits were settled only in the year 2009, after a lapse of ten years. Therefore, the petitioner made representation on 27.06.2019 seeking interest for the belated payment of commutation of pension. However, till date the said representation was not considered. He would further submit that it would be suffice to issue direction to the respondent to consider and dispose of the representation dated 27.06.2019 on merits and in accordance with law.

5. Heard the counsel and perused the records.

6. The petitioner retired from the service in the year 1999 and in the year 2009, the entire retirement benefits were settled to the petitioner. However, the present Writ Petition is filed in the year 2019 claiming the interest for the belated payment which were settled in the year 2009 itself. The petitioner has not given any reason for the delay in approaching this Court. The petitioner has filed this Writ Petition after a lapse of 10 years and there is no provision available in the service rules for providing interest for the belated payment of commutation of pension.

7. Considering the facts and circumstances of the case that no provision is available for providing the interest for belated payment of commutation of pension and the delay of 10 years in approaching this Court, I am not inclined to issue direction to the respondent to consider the representation.

8. Accordingly, the Writ Petition is dismissed on the grounds of laches. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar kan 2/3

To The Secretary to the Government, Health and Family Welfare Department, Fort St.George, Chennai - 600009.

+1 cc to M/s.J.Lakshminarayanan Advocate sr92608 +1 cc to the Government Pleader sr93040 W.P.No. 24012 of 2019 aa07/01/2020 3/3