R KRISHNAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner seeks issuance of writ of mandamus directing the Respondents to pay interest at the rate of 8% per annum for the terminal benefits of Rs.6,20,259/- for the period from 1.8.2004 to 9.11.2004 as per the Tamil Nadu Pension Rules and further interest at the rate of 8% per annum on the interest amount claimed.

(2.) The Petitioner has been working as Joint Director of Cooperative Audit in the Tamil Nadu State Apex Cooperative Bank, Chennai 1 and retired on superannuation from the Government of Tamil Nadu service on the Afternoon of 31.7.2004. The 2nd Respondent/Pay & Accounts Officer issued authorisation for a sum of Rs.2,70,259/- through the communication letter PAO(E)/BAS-I/Unit-I/380/04 dated 27.09.2004 and subsequently payment of Rs.2,70,259/- was made to the Petitioner only on 9.11.2004. The Death cum Retirement Gratuity (in short, "DCRG") was authorised for payment by the Accountant General, Chennai, vide his AG (A&E) PEN/P2714/R-10-215/AR/2004-2005/2359 dated 17.08.2004 for Rs.3,50,000/-. According to the Petitioner, the authorised officer viz., Personal Assistant to the Director of Cooperative Audit, Chennai 5 did not present the bill immediately on 21.8.2004, the date on which it was received, but presented the bill of DCRG for Rs.3,50,000/- only on 10.9.2004, since the Last Pay Certificate had to be enclosed along with the bill, which was issued by the 2nd Respondent only on 10.9.2004 on the basis of authorisation issued by the Accountant General to the 2nd Respondent/Pay Disbursing Officer.

(3.) The grievance of the Petitioner is that the amount towards DCRG (Rs.3,50,000/-) and encashment of leave salary was paid with a delay of 100 days i.e., more than three months after his retirement, which is in violation of Rule 45A of the Tamilnadu Pension Rules and therefore interest is payable for the delayed payment of terminal benefits. The Petitioner issued two notices dated 20.10.2004 and 5.11.2004 and issued final notice on 13.11.2004 to the 2nd Respondent claiming interest of Rs.11,824/- for the delayed payment of terminal benefits, for which, there was no response. Challenging the action of the respondents for the delayed payment of terminal benefits and refusal to pay the interest, the Petitioner has filed the writ petition.