A NATARAJAN Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) On abolition of the Tribunal, the Original Application in O.A.No. 2146 of 2004 filed before the Tamil Nadu Administrative Tribunal, Chennai, stood transferred to this Court and re-numbered as W.P.No. 17525 of 2007.

(2.) The Secretary to the Government, Education (Higher) Department, Secretariat,Chennai-9, has been suo motu impleaded as the 4th respondent.

(3.) The petitioner was appointed as Lecturer in Government service on 10.01.1972. He was issued with a charge memo dated 15.04.1993 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. On reaching the age of superannuation, he was allowed to retire from service without prejudice to the enquiry proceedings pending against him as per G.O.(1D).No. 200, Higher Education (F1) Department, dated 31.12.2003. Ultimately, the Government dropped the charges through G.O.Ms.No. 33, Higher Education (F1) Department, dated 12.02.2009. In the meantime, during the year 2004, he was paid Special Provident Fund, General Provident Fund and D.C.R.G. However, Commutation value of pension amounting to Rs. 2,77,802/- was paid only on 18.11.2009 after the charges were dropped. He was also paid arrears of pension in the year 2009, after the charges were dropped. The petitioner seeks interest on the belated interest of commutation value of pension and the arrears of pension. It is well settled by a decision of the Division Bench of this Court in Government of Tamil Nadu, represented by the Secretary to Government, Revenue Department, Chennai and another v. M.Deivasigamani,2009 3 MadLJ 1 that the Government servant is entitled to interest on the belated payment of commutation value of pension and other terminal benefits, irrespective of rule position.