Madras High CourtWP(MD)/16153/2016disposed of

S.Krishnan Nair v. The Principal Sec. To The Govt

2016-08-29Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 29.08.2016 Coram THE HON'BLE MR.JUSTICE T.RAJA Writ Petition (MD)No.16153 of 2016 S.Krishnan Nair . . .

Petitioner -Vs1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-09.

2.The District Collector Thoothukudi District, Thoothukudi.

. . . Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent i.e the Principal Secretary to Government, Revenue Department, Chennai to pass appropriate orders on the petitioner's representation dated 14.12.2015 regarding sanction of compounding interest for the belated payment of DCRG under Rule 45(A) of the Pension Rules for the period from 01.05.2013 to 15.10.2015 within a specified time frame that may be fixed by this Court.

For petitioner :Mr.S.Visvalingam For respondents :Mr.M.Murugan, Government Advocate

ORDER

The petitioner, aged about 61 years, seeks for a direction to the first respondent for passing appropriate orders on his representation, dated 14.12.2015, regarding sanction of certain retiral benefits.

2.Mr.Visvalingam, learned counsel, briefly narrating the case of the petitioner, would submit that the petitioner, while serving as Selection Grade Assistant in the Taluk Office, Tuticorin District, on reaching the age of superannuation, was allowed to retire from service on 30.04.2013, subject to the result of the disciplinary proceedings, pending against him, as per proceedings No.A5/10021/2013, dated 30.04.2013, wherein, it was mentioned that the disciplinary proceedings would continue under Rule 9 of the Tamil Nadu Pension Rules, 1978. Finally, the disciplinary action initiated against the petitioner for an alleged delinquency of the year 2000 came to be concluded by way G.O.(2D).No.27, Revenue Department, Order, dated 20.01.2015, by dropping all the charges framed against the petitioner.

Due to the same, the petitioner was belatedly issued with the DCRG, which otherwise should have been disbursed on the date of retirement. In any event, when the DCRG was belatedly issued, pursuant to the dropping of the charges, as per Rule 45(A) of the Pension Rules, the petitioner is entitled to get interest on the belated payment https://hcservices.ecourts.gov.

of DCRG, for which, he has given a representation, dated 14.12.2015, seeking sanction of compound interest for the belated payment of DCRG under Rule 45(A) of the Pension Rules for the period from 01.05.2013 to 15.10.2015. But till date, the respondents have not come forward to consider the said representation. Therefore, the petitioner is before this Court. 3.Mr.M.Murugan, learned Government Advocate, taking notice on behalf of the respondents, would submit that the respondents would dispose of the representation of the petitioner, if a specific time-limit is fixed.

4. In view of the above submission, this Court directs the first respondent to consider the representation of the petitioner, dated 14.12.2015, on merits and pass orders in accordance with law, as early as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-09.

2.The District Collector Thoothukudi District, Thoothukudi.

+One cc to Mr.S.Visvalingam, Advocate, SR.No.47670 +One cc to The Special Government Pleader, SR.No.48118 vs RL/5C/2P/AAL/MPA/6.10.2016 https://hcservices.ecourts.gov.in/hcservices/ W.P.(md).NO.16153 of 2016 29.08.2016