M.Paramasivam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.2112 of 2017 M.Paramasivam ... Petitioner Vs.
1.The District Collector, Thirunelveli District, Thirunelveli.
2.The District Revenue Officer, Thirunelveli, Thirunelveli District.
3.The Tashildhar, Sankarankovil Taluk, Thirunelveli District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the second and third respondents to provide pensionary benefits to the petitioner within the time stipulated by this Court as per G.O.Ms.No.148, Revenue (Service 8(2)) Department, dated 20.04.2011 and also considering the petitioner's representation dated 05.11.2015, 02.03.2016, 30.06.2016, 01.08.2016 and 20.12.2016 to the respondents.
For Petitioner :
Mr.D.Balamurugapandi For Respondents :
Mrs.J.Padmavathy Devi, Special Government Pleader.
ORDER
According to the petitioner, he worked as Village Administrative Officer at Kuvalaikanni and he retired from service on 31.05.2015, on reaching the age of superannuation. However, the terminal and pensionary benefits due to him have not been settled. Hence, he made repeated representations to the respondents. However, the same yielded no result. As he is entitled to receive all the terminal and pensionary benefits, the petitioner has come forward with the present writ petition seeking a direction to the second and third respondents to provide pensionary benefits to the petitioner
within the time stipulated by this Court as per G.O.Ms.No.148, Revenue (Service 8(2)) Department, dated 20.04.2011 and also considering his representations, dated 05.11.2015, 02.03.2016, 30.06.2016, 01.08.2016 and 20.12.2016 to the respondents. 2.Heard both sides and perused the records.
3.This Court, in WP.No.20107 of 2018 vide order dated 28.02.2019, extensively dealt with the issue relating to sanction of retirement benefits, pension and interest on belated payment of the same and ultimately, observed and held at paragraphs 20 and 22, as under:
"20.Thus, the principles enunciated from the aforesaid decisions rendered by the Supreme Court as well as by this Court and also in the light of the Government Orders and the relevant provisions of law, are that the benefits bestowed by law upon an employee in recognition of his/her committed, continuous, loyal and devoted duty by payment of the pension, gratuity, leave salary etc., are in the nature of property and such right cannot be taken away without following due process of law; further, the grant of pension is not a bounty and the Government is obliged to follow the relevant Rules in that regard; Also that, the delay in settlement of retiral benefits and payment of pension is frustrating the employees and the same could have been compensated by way of interest."
"22.In view of the above, the respondent authorities are directed to consider the claim of the petitioner in line with the observations made in the earlier Paragraph Nos.4 to 20 of this order and pay the benefits accordingly. Insofar as the interest on belated payment of retiral benefits is concerned, considering the facts and circumstances of the case and having regard to the present day cost of living, the respondent authorities are directed to pay interest at 8% per annum, from the date of entitlement till the date of payment of entire amount, failing which, the same shall carry penal interest at 18% p.a. for the default period. Such an exercise shall be completed, within a period of six weeks from the date of receipt of a copy of this order."
4.Following the aforesaid order, this writ petition stands disposed of directing the respondent authorities to consider the claim of the petitioner in line with the observations made in the Paragraph Nos.4 to 20 of the order dated 28.02.2019 passed in WP(MD) No.20107 of 2018 and pay the benefits accordingly. Insofar as the interest on belated payment of retiral benefits is concerned, considering the facts and circumstances of the case and having regard to the present day cost of living, the respondent authorities are directed to pay interest at 8% per annum, from the date of entitlement till the date of payment of entire amount, failing
which, the same shall carry penal interest at 18%p.a. for the default period. Such an exercise shall be completed, within a period of six weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar(CS ) To 1.The District Collector, Thirunelveli District, Thirunelveli.
2.The District Revenue Officer, Thirunelveli, Thirunelveli District.
3.The Tashildhar, Sankarankovil Taluk, Thirunelveli District.
+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-54113[F] dated 14/03/2019 ) +1 CC to M/s.SPL GP ( SR-54758[F] dated 18/03/2019 ) W.P(MD)No.2112 of 2017 14.03.2019 CS(KM): 10/05/2019/3P/6C