Shanmugavadivu v. The Accountant General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Shanmugavadivu ... Petitioner Vs.

1.The Accountant General Tenampettai Chennai 18.

2.The District Treasury Officer, Tuticorin District, Tuticorin.

3.The Sub Treasury Officer, Vilathikulam Tuticorin District.

4.The Assistant Educational Officer, Pudur, Vilathikulam, Tuticorin District.

5.The Secretary Hindu Nadar Primary School M.Vedapatty Vilathikulam Taluk Tuticorin District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to pay 12% interest for the abnormal belated payment of retirement benefits of the petitioner's husband, lifetime arrears of pension of her husband till his deceased ie., 22.07.2013 and family pension arrears to the petitioner in view of the representation dated 19.09.2019.

For Petitioner : Mr.A.Gandiappan For Respondents : Mr.P.Gunasekaran for R1 Mr.G.V.Vairam Santhosh for R2 to R4 Additional Government Pleader Mr.V.Angusamy for R5

ORDER

The relief sought for in the present writ petition is to direct the respondents to pay 12% interest for the abnormal belated payment of retirement benefits of the petitioner's husband. 1/3

2.The petitioner's husband viz., Shanmugavel was working as a Second Grade Teacher in the fifth respondent school and retired from service on 31.05.2000.

3.The grievance of the writ petitioner is that the terminal benefits were settled belatedly and therefore, the petitioner is entitled for interest.

4.The learned counsel for the first respondent made a submission that absolutely there was no delay on the part of the authorities in sanctioning the pensionary benefits and pension. In fact, even before the date of retirement on 09.05.2008, the Principal Accountant General of Tamil Nadu granted authorization for payment of pension and there was no delay at all. The delay occurred on account of the dispute between the deceased employee and the fifth respondent school, for which, the Government cannot be made liable to pay interest.

5.This Court is of the opinion that there was no delay on the part of the Government authorities and also on the part of the Principal Accountant General of Tamil Nadu and the authorization was given immediately even before the retirement of the deceased employee. The deceased employee retired from service on 31.05.2000, however there was a dispute between the fifth respondent school and the deceased employee, which resulted in belated payment of terminal benefits.

This being the factum, the petitioner is at liberty to claim interest against the fifth respondent, if she is otherwise entitled in accordance with law.

6.With these observations, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 1.The Accountant General Tenampettai Chennai 18.

2.The District Treasury Officer, Tuticorin District, Tuticorin.

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3.The Sub Treasury Officer, Vilathikulam Tuticorin District.

4.The Assistant Educational Officer, Pudur, Vilathikulam, Tuticorin District.

+1 CC to M/s.V. ANGUSAMY, Advocate ( SR-21530[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21882[F] dated 27/04/2022 ) 26.04.2022 SS/30.05.2022 : 3P/7C 3/3