M SIVASUBRAMANIAN Vs. DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) THE petitioner was working as Assistant Director of Agriculture (Oil Seeds) Karur. He opted for voluntary retirement from service with effect from 30.04.1987. THE Deputy Director of Agriculture (Oil Seeds) Trichy did not forward his application seeking voluntary retirement to the then Director of Oil Seeds, Madras contending that disciplinary proceedings under Rule 17(a) of the Tamil Nadu Civil Service (CCA) Rules are pending against the petitioner. Finally, the Director of Oil Seeds imposed a punishment of withholding the increment for a period of one year, without cumulative effect. Neither the Deputy Director of Agriculture (Oil Seeds) Trichy nor the Director of Oil Seeds, Madras passed orders either accepting or rejecting his request for voluntary retirement from service. THE then Commissioner of Agriculture initiated action again after merger of office of the Director of Oil Seeds with the office of the Commissioner of Agriculture. On 16.05.1991, the request of the petitioner was rejected by the Commissioner of Agriculture.

(2.) AGGRIEVED by the said order, the petitioner filed an Original Application in O.A.No.2861 of 1991 before the Tamil Nadu Administrative Tribunal (Shortly "the Tribunal"). The said Original Application was allowed on 29.01.1993 and the Tribunal directed the Government that the petitioner should be deemed to have been retired voluntarily with effect from 30.04.1987 and consequently directed the Government to settle all the terminal benefits on the basis that the petitioner has voluntarily retired from service on 30.04.1987 and to treat the period of service after 30.04.1987 till 12.06.1987 as re-employment. The Tribunal also directed to pay interest at the rate of 12% per annum on the retirement benefits.

(3.) EVEN though the Commissioner of Agriculture issued orders for disbursement of arrears on pensionary benefits with all attendant benefits with interest at the rate of 12% per annum, in 1994, the pension arrears were disbursed by the Sub Treasury Officer, Udumalpet on 19.04.1996 and the DCRG arrears were paid by the Joint Director of Agriculture, Trichy on 11.10.1996. But the arrears of interest were not fully paid up to 05.05.1999, despite several representations and legal notices were issued. Thereafter, a sum of Rs.27,260/- was paid towards interest for the gratuity amount alone by the Joint Director of Agriculture, Karur by his proceedings dated 18.02.1999, although the total amount of arrears of interest claimed was Rs.1,38,328/-.