Madras High CourtWP(MD)/3932/2018disposed of

V.P.Ganesasubramanian, v. The Principal Secretary

2021-11-09Honourable Dr Justice Anita Sumanth3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.(MD)No.3932 of 2018 and W.M.P.(MD)No.4079 of 2018 V.P.Ganesasubramanian

...Petitioner

/Vs./ 1.The Principal Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Fort.St.George, Chennai - 600 009.

2.The Additional Chief Secretary cum Commissioner of Revenue, Administration, Ezhilagam Buildings, Chepauk, Chennai - 6000 005.

3.The District Revenue Officer, Tirunelveli District, Collectorate Campus, Tirunelveli.

4.The Principal Accountant General (Accounts & Entitlements), Tamil Nadu, No.361, Anna Salai, Chennai 600 001.

5.The District Adhi Dravidar and Tribal Welfare Officer, District Adhi Dravidar and Tribal Welfare Office, Tirunelveli.

6.The Special Tahsildar (ADW), Adhi Dravidar and Tribal Welfare Department, Tirunelveli.

...Respondents

1/3

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to sanction and settle the entire terminal benefits including Gratuity and other allowances and arrears of pension payable to the petitioner for the period from 01/07/2002 to till date along with interest at the rate of 9% per annum for the belated payment within the reasonable period as prescribed by this Court and for continuous payment of future monthly pension to the petitioner. For Petitioner : Mr.S.P.Maharajan For R1 to R3, R5, R6 : Mr.K.S.Selvaganesan Standing Counsel for State For R4 : Mr.P.Gunasekaran

ORDER

The petitioner has sought a Mandamus directing the respondents to sanction and settle his terminal benefits including gratuity and all allowances along with arrears of pension for the period from 01.07.2002 till date of such payment, along with interest at the rate of 9% for the delay in payment.

2.Pending writ petition, learned counsels concur upon the position that, vide order dated 24.03.2020, the first limb of the prayer, being settlement of all terminal benefits as aforesaid, stands achieved.

3.However, the prayer for the grant of interest for the delay in remittence, still remains. In such circumstances, the petitioner is permitted to make a request for the grant of interest for the delay in settlement of terminal benefits before R6, Special Tahsildar, ADW, within a period of four weeks from the date of uploading of this order at the official website of this Court. If a representation is filed within the timeline as aforesaid, R6, shall consider, and grant the same, bearing in mind Rule 45 A of the Tamil Nadu Pension Rules, at the prevailing rate of interest applicable to the period in question, within a period of four weeks thereof from date of receipt of such representation.

4.This Writ Petition stands disposed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 2/3

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary to Government of Tamil Nadu, Revenue Department, Secretariat, Fort.St.George, Chennai - 600 009.