S MURUGANANDAM Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The writ petitioner was working as the Administrative Officer in the office of the Joint Director of Medical and Rural Health Services, Nagappattinam, and he retired from service on attaining the age of superannuation on 28.02.2006. It is the case of the petitioner that he was allowed to retire on 28.02.2006 and there was no charge or any complaint pending against him at the time when he was relieved. However, the pensionary benefits and other terminal benefits were not settled by the respondents in time. It is submitted that though the Accountant-General of Tamil Nadu has sanctioned Death-cum-Retirement Gratuity (DCRG) on 06.06.2006, the amount was not paid immediately for want of 'No Objection Certificate' from the Directorate and there has been administrative delay and ultimately DCRG and other benefits were paid to him only on 20.02.2008 and the delay of two years is entitled for interest at the rate of 12% per annum. It is stated that inspite of repeated representations of the petitioner, the amount was not paid in time. Therefore, the present writ petition is filed for a direction against the respondents to pay interest to the petitioner for the belated payment of DCRG at the rate of 12% per annum for the period from 01.03.2006 to 20.02.2008.

(2.) Even though the respondents have not filed counter affidavits, on instruction, learned Government Advocate has made his submissions. I have heard the learned counsel for the petitioner Mr.S.M.Subramaniam and the learned Government Advocate.

(3.) A reference to the order of the 1st respondent, dated 28.02.2006, in G.O.(Rt.)No.458,Health and Family Welfare (AA1) Department, shows that the petitioner was unconditionally relieved on attaining the age of superannuation on 28.02.2006. The said order also shows that a sum of Rs.77,557/- towards House Building Advance balance interest has to be recovered from his DCRG in full, further stating that if any other Government dues are pending the same has to be recovered from his DCRG. The 3rd respondent, namely the Joint Director of Medical and Rural Health Services, Nagappattinam, in his proceedings Rc.No.446/2006/E2, dated 19.06.2006, has, in categoric terms, certified that against the petitioner, who was retired from service on 28.02.2006, there are no disciplinary proceedings pending for disposal or contemplated and no provisional pension was sanctioned and paid to the individual. Thereafter, on 29.11.2006, the Joint Director of Medical and Rural Health Services, Tiruvarur, has also issued "No Objection Certificate" to the effect that during the service period of the petitioner in the said office between 17.04.1997 and 18.11.2003 and his services in Mannargudi Government Hospital between 19.11.2003 and 27.11.2005 and also between 28.12.2005 and 29.12.2005 there was no audit objection either by the State Level Audit Committee or by the Head of Department Internal Audit or by the Regional Audit Committee and there was no order of recovery pending against the petitioner. Such a certificate has also been issued by the 3rd respondent on 27.12.2006 for the period 30.12.2005 to 28.02.2006. The 3rd respondent has also issued another certificate on 29.12.2006 stating that during the period between 30.12.2005 and 28.02.2006, the petitioner was not liable to pay any amount towards governmental dues.