Madras High CourtWP(MD)/174/2018allowed

G.Arokiyasamy, v. The Principal Secretary To

2018-01-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.174 of 2018 G.Arockiyasamy ... Petitioner Vs.

1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2. The District Collector, Sivagangai District, Sivagangai.

... Respondents Prayer: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the first respondent i.e., the Principal Secretary to Government, Revenue Department, Chennai to pass appropriate orders on the representation dated 16.10.2017 of the petitioner regarding sanction of interest for belated payment of retirement benefits on merits and in accordance with law within a specified time frame that may be fixed by this Court.

For petitioner : Mr.S.Visvalingam For Respondents : Mr.J.Gunaseelan Muthaiah, Addl., Government Pleader

ORDER

The petitioner is a retired employee. He retired from service on 31.10.2013. But, his retirement benefits and other benefits were settled only 06.10.2017. Thus, admittedly, there was a delay in settling the petitioner's terminal benefits.

2.When there is a belated settlement, the respondents are bound to pay interest thereon. For DCRG, the interest rate is 18% under Rule 45(A) of the Tamil Nadu Pension Rules, 1978 and other benefits carry 12% interest rate. Therefore, the first respondent https://hcservices.ecourts.gov.in/hcservices/

is directed to compute interest amount payable to the petitioner and pay the same within a period of 12 weeks from the date of receipt of a copy of this order.

3.The writ petition is allowed as indicated above. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2. The District Collector, Sivagangai District, Sivagangai.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 44363 + 1 CC TO Mr.S.VISVALINGAM, ADVOCATE IN SR No. 43328 SKM TE/SV-MMS/SAR-2 : 28/02/2018 : 2P/5C W.P.(MD)No.174 of 2018 23.01.2018 https://hcservices.ecourts.gov.in/hcservices/