LAWS(MAD)-2011-7-9

P V MAHADEVAN Vs. SECRETARY TO GOVERNMENT

Decided On July 28, 2011
P.V.MAHADEVAN Appellant
V/S
SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, CHENNAI Respondents

JUDGEMENT

(1.) THE petitioner has come forward with this petition seeking for the relief of quashing the Letter of the second respondent in No.PT-I/10265/2001 dated 22.09.2006 insofar as the denial of interest alone with a direction to the respondents herein to award interest to the petitioner on the belated disbursement of all the retiral benefits and incremental arrears from the date of its due till date of its actual disbursement at the rate of 18% per annum compounded on the quarterly rest and disburse al the accrued arrears on the above benefits within a short date.

(2.) THE factual matrix in this case is hereunder : THE petitioner joined the services in the Tamil Nadu Housing Board as an Assistant Engineer on 19.02.1965; THEreafter, he became the Assistant Executive Engineer on 06.06.1970; as Executive Engineer on 15.06.1977; as Superintending Engineer on 24.10.1994; and lastly he has been promoted as Chief Engineer on 12.12.2001. THE petitioner reached the age of superannuation on 28.02.2002.

(3.) HEARD Mr.P.S.Sivashanmugasundaram, learned Additional Government Pleader appearing for the first respondent, on the submissions made by the learned counsel for the petitioner and the learned standing counsel for the second respondent. It is submitted that the Government has already passed an order in G.O.Ms.No.527 dated 15.06.1987 and as per the said Government Order, the petitioner is not entitled to seek the relief of interest on the belated payment of retiral benefits in view of the pendency of the disciplinary proceedings against him.