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Madras High CourtWP/22387/2017disposed of

S.Balakrishnan, v. The Principal Secretary To

2022-11-01Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01-11-2022

CORAM

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

Petitioner vs.

1.The Principal Secretary to Government, Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai-9.

2.The District Collector, Villupuram District, Villupuram.

3.The Accountant General (A&E), Chennai-18.

..

Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1/6

to pay interest at the rate of 12% per annum for the delayed payment of DCRG and for sanction and payment of pension to the petitioner from 01.08.1996 till it was actually paid to the petitioner in the year 2017. For Petitioner : Mr.N.Suresh For Respondents-1 and 2 : Ms.E.Indhumathi, Government Advocate.

For Respondent-3 : Ms.J.Sreevidya

O R D E R

The relief sought for in the present writ petition is to direct the the respondents to pay interest at the rate of 12% per annum for the delayed payment of DCRG and for sanction and payment of pension to the petitioner from 01.08.1996 till it was actually paid to the petitioner in the year 2017.

2. The petitioner states that he served as an Accountant in the Rural Development Department and retired from service on 31.07.1996.

3. The grievance of the petitioner is that the terminal and pensionary benefits due to him was not settled within a reasonable period of 2/6

time and settled belatedly. For belated settlement of the pensionary benefits, the petitioner submitted an application claiming interest as per the Rules. Since the application submitted by the petitioner was not considered by the respondents, the petitioner is constrained to move the present writ petition.

4. The learned Government Advocate, appearing on behalf of the respondents 1 and 2, submitted the copy of the proposal sent by the Commissioner, Rural Development Department to the Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Secretariat, Chennai-600 009. The said proposal was submitted on 20.09.2022, which is yet to be considered by the Government.

5. In view of the fact that the Commissioner, Rural Development Department has submitted a proposal to the first respondent and the said proposal is to be considered by the first respondent on merits and appropriate orders are to be passed within a reasonable period of time. Thus, the first respondent is directed to consider the proposal submitted by the Commissioner, Rural Development Department, Panagal Building, 3/6

Saidapet, Chennai-15 in Na.Ka.No.20215/2022/C1 dated 20.09.2022 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the abovesaid directions, the writ petition stands disposed of. However, there shall be no order as to costs. 01-11-2022 Index : Yes/No.

Internet : Yes/No.

Speaking Order/Non-Speaking Order.

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To 1.The Principal Secretary to Government, Government of Tamil Nadu, Rural Development and Panchayat, Raj Department, Fort St. George, Chennai-9.

2.The District Collector, Villupuram District, Villupuram.

3.The Accountant General (A&E), Chennai-18.

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S.M.SUBRAMANIAM, J.

Svn WP 22387 of 2017 01-11-2022 6/6