LAWS(MAD)-2021-8-25

COMMISSIONER Vs. G. RAVINDRANATH

Decided On August 03, 2021
COMMISSIONER Appellant
V/S
G. Ravindranath Respondents

JUDGEMENT

(1.) This intra-court appeal is preferred by the Commissioner, Karaikudi Municipality challenging the order dated 15.07.2019 passed in W.P. No.771 of 2020. The said writ petition was filed for a writ of mandamus directing the respondents to award interest at the rate of 18% per annum for the belated payment of commuted value of pension to the petitioner at Rs.1,21,968/- from 1.8.99 to 31.12.2012 within a reasonable time.

(2.) The first respondent herein/writ petitioner retired from service as Revenue Inspector on superannuation and he was relieved from the services of the appellant-municipality on 31.07.1999, subject to audit objections pending against him in other municipalities. The appellant has forwarded the pension proposal on 29.11.1999 and the same was returned by the fourth respondent herein, namely the Director of Local Fund Audit, Chennai, on 10.2.2000, citing pending audit objections. Thereafter, the fourth respondent herein issued an order to regulate the pension and gratuity of the petitioner after a period of 13 years after his retirement. The petitioner having received the regular pension and other benefits, filed a writ petition in W.P. No.1654 of 2010 for a writ of mandamus, directing the respondents to sanction Death Cum Retirement Gratuity and commutation of pension due to the petitioner along with 18% interest per annum and a further direction to the respondents to draw and disburse the amount within a reasonable time.

(3.) The said writ petition was disposed on 13.03.2012 directing the second respondent herein to consider petitioner's representation after affording him a reasonable opportunity of being heard and pass orders in a time bound manner.