M.G.Ramadoss, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2023 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN M.G.Ramadoss .. Petitioner vs 1.The Secretary Rep to State of Tamil Nadu Finance (Pension Department), Fort St.George, Chennai - 09.
2.The Director of Co-Operative Audit, Kamarajar Salai, Chennai - 09.
3.The Accountant General Cooperative Societies, 2nd Floor, 521, Anna Salai, Nandanam, Chennai - 35.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct respondents 1 and 2 to pay DCRG taking into account of petitioner's last drawn salary and to provide interest at the rate of 12% to the DCRG from the date of retirement to till the payment of entire DCRG as per G.O.Ms.No.122 dated 20.02.1995 considering the representation of petitioner dated 07.07.2017.
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For Petitioner :
No appearance For Respondents :
Mr.S.Ravi Kumar Special Government Pleader for R1 and R2 Mr.S.Balaji for R3
ORDER
Writ petition has been filed in the nature of a mandamus seeking a direction to the respondent nos. 1 and 2 to pay DCRG taking into account the last drawn salary of the petitioner and grant 12% interest on the DCRG from the date of said retirement, till payment of DCRG in accordance with G.O.(Ms).No.122 dated 20.02.1995. The petitioner had given the representation dated 07.07.2017.
2.
The petitioner had been originally appointed as Junior Inspector of Co-operative Societies through Employment Exchange on 07.02.1977. Thereafter, on 16.10.1989, his services were regularized. He retired on attaining the age of superannuation on 31.08.2011.
3.
He earlier filed W.P.No.14843 of 2011 seeking payment of all pensionary benefits. This grievance was directed to be 2/5
examined by order dated 18.08.2011. Thereafter, a notice had been issued for recovery of money from the pension stating that it had wrongly sanctioned increment to the petitioner. The petitioner then filed another W.P.No.27817 of 2011, wherein the impugned order seeking recovery was set aside and fresh pension proposal was directed to be issued by the respondents. Thereafter, the respondents had disbursed the DCRG benefits to the petitioner herein in instalments. On 19.05.2016, a sum of Rs.93,852/- was paid and on 24.05.2016, a sum of Rs.1,89,354/- was paid. It is stated in the affidavit that on 28.12.2015, a sum of Rs.1,68,014/- had been paid.
4.
It is therefore stated on behalf of the respondents that the order in W.P.No.27817 of 2011 was passed on 07.04.2014 and thereafter the authorised payment of DCRG on 24.11.2015. It had been stated that the pension proposals were forwarded to the Accountant General on 16.05.2015. The earlier authorisation expired without encashment and, therefore, revalidation order was issued on 02.05.2016.
5.
The reasons are plausible and the learned counsel for the petitioner is also absent.
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6.
I am not inclined to grant interest on DCRG, since the the entire amount had already been paid.
7.
Writ petition stands dismissed. No costs.
11.09.2023 Index:Yes/No ssm To 1.The Secretary Finance (Pension Department), Fort St.George, Chennai - 09.
2.The Director of Co-Operative Audit, Kamarajar Salai, Chennai - 09.
3.The Accountant General Cooperative Societies, 2nd Floor, 521, Anna Salai, Nandanam, Chennai - 35.
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C.V.KARTHIKEYAN,J.
ssm 11.09.2023 5/5