M.SOMASUNDARAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed by Mr.M.Somasundaram seeking issuance of a writ of mandamus to the respondents to pay interest for the belated disbursement of provident fund amount of Rs.61,230/ -, D.C.R.G. of Rs.5,18,216/ -, commutation of pension of Rs.3,94,893/ - and earned leave salary of Rs.4,30,178/ - with interest at the rate of 12% per annum from the date of retirement of the petitioner till the respective date of disbursement of the retirement benefits to him.

(2.) The writ petitioner Mr.M.Somasundaram, who joined the service as Forester under the second respondent -Principal Chief Conservator of Forests on 31.3.82, reached the age of superannuation on 30.9.2010. In the meanwhile, he was promoted to the post of Ranger on 1.7.2009. However, on the date of retirement, he was facing a departmental proceeding vide the charge memo dated 24.6.2009 issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules by the District Forest Officer, Chengalpattu Division, Kancheepuram. They were related to the alleged dereliction of duty. However, when the petitioner gave his explanation on 10.8.2009, the enquiry officer found him not guilty. In the meanwhile, the petitioner was disbursed with a sum of Rs.4,30,178/ - towards the earned leave salary on 15.7.2011. On the basis of the allegations and the charges mentioned in the charge memo, explanation offered by the petitioner and the report of the enquiry officer, the disciplinary proceedings were dropped on 10.1.2012. Thereafter, the petitioner was disbursed with a sum of Rs.61,230/ - towards the dues on provident fund on 29.6.2012. Thereafter, one another payment of Rs.3,94,893/ - towards the commutation of pension was paid to the petitioner on 13.7.2012. The petitioner was also paid with a sum of Rs.5,18,216/ - towards D.C.R.G., on 2.8.2012.

(3.) The grievance of the petitioner is that in the light of G.O.Ms.No.510, Finance (Pension) Department dated 27.6.1995 issued by way of amendment to Rule 45 -A of the Tamil Nadu Pension Rules, 1978, the petitioner is entitled to get interest on the belated payments made beyond three months from the date of retirement. It was also further submitted that during the pendency of the writ petition, the respondents came forward to pay a sum of Rs.67,873/ - towards interest at the rate of 8% per annum on the belated payment of D.C.R.G., on 30.10.2013 to the petitioner. Therefore, the respondents are liable to pay interest, beyond three months from the date of retirement of a Government servant, for the belated payments of earned leave salary, provident fund and commutation of pension also as per G.O.Ms.No.510 dated 27.6.95. In support of his submissions, the learned counsel also relied upon two judgments passed by this Court. Firstly, in W.P.No.27853 of 2005 dated 8.3.2012 (S.Nallamuthu v. State of Tamil Nadu and another), a direction was issued for payment of interest on the belated payment of commutation of pension and other retirement benefits at the rate of 12% per annum. Relying upon another judgment of this Court in W.P.No.23615 of 2006 dated 23.8.2006 (R.Rengasamy v. State of Tamil Nadu and another), again the learned counsel for the petitioner prayed for issuing a similar direction to pay interest at the rate of 12% per annum in respect of payment of commutation of pension beyond three months from the date of retirement of a Government servant.