RETIRED OFFICIALS ASSOCIATION Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition has been filed for the issuance of a writ of certiorarified mandamus to direct respondents 1 to 5 to pay the retirement benefits to the members of the petitioner association, more fully described and set out in the annexure (typed set) filed in support of the writ petition.

(2.) HEARD the learned counsel appearing for the petitioner as well as the learned counsel appearing for respondents 1 to 4 and 6.

(3.) FROM the contentions put forth by the learned counsels appearing on behalf of the petitioner association and on behalf of the respondents and on a perusal of the records available, it is seen that even according to the third respondent, the fifth respondent had misappropriated the provident fund amounts due to the members of the petitioner association. Further, it is not the case of the respondents that the amount had been drawn from the Treasury by the members of the petitioner association or their representatives. It has been clearly admitted that it is only the fifth respondent, a Government employee, who was entrusted with the job of drawing the amounts from the Government Treasury and disbursing it to the members of the petitioner association as retirement benefits. In such circumstances, any misappropriation on the part of the fifth respondent would not in any way discharge the liability of the other respondents in paying the retirement benefits due to the members of the petitioner association. Any inability on the part of the concerned authorities to take appropriate action against the fifth respondent to recover the misappropriated amounts will not dilute their responsibility from discharging their obligations. If prompt action had not been taken against the fifth respondent, and if the amounts allegedly misappropriated by the fifth respondent have not been recovered, it would only show the inefficiency or lack of will on the part of the concerned authorities to take appropriate steps in this regard. However, it is of no consequence with regard to the amounts due and payable to the members of the petitioner association as retirement benefits. It is admitted by the learned counsel appearing for respondents 1 to 4 and 6, that the third respondent is the authority, who is responsible to pay the retirement benefits to the members of the petitioner association.