SECRETARY TO GOVERNMENT Vs. F.BABU

JUDGEMENT

(1.) The official respondents 1 and 2 in W.P.(MD) No.4862 of 2016, filed by the first respondent/writ petitioner, are the appellants.

(2.) The first respondent filed the said Writ Petition, praying for issuance of the Writ of Mandamus, directing the first respondent to pay interest for the belated payment of his retirement benefits which is due to him from the date of his retirement on 28.02.2007 in terms of G.O.Ms.No.122/Finance dated 20.02.1995. The Writ Petition, after contest, came to be allowed vide impugned order and aggrieved by the same, the official respondents 1 and 2 preferred this Writ Appeal.

(3.) The petitioner was appointed as Record Clerk on 11.04.1969 and got his regular promotions and while he was working as Divisional Accountant, he was served with a charge memo dated 31.07.2006 with regard to purchase and utilization of bitumen for laying road works in his division. The first respondent/writ petitioner has submitted his explanation for the charge memo on 07.09.2006 and on the verge of his retirement, he was placed under suspension and retained in service for facing the disciplinary proceedings. The disciplinary proceedings were completed on 30.09.2014 and subsequently, his pension proposals were sent on 03.11.2014 to the third respondent and after authorization by the Accountant General on 05.01.2015, the DCRG and other terminal benefits were paid to the first respondent on 12.12.2015.