LAWS(MAD)-2009-6-373

S RAMASUBRAMANIAN Vs. AMBAI ARTS COLLEGE

Decided On June 10, 2009
S. RAMASUBRAMANIAN Appellant
V/S
AMBAI ARTS COLLEGE, REP. BY ITS Respondents

JUDGEMENT

(1.) THE present Writ Petition portraits sadly a harsh side of a retired employee who rendered unblemished 30 years of service as Assistant Librarian in the first respondent college's library. Though the writ petitioner filed writ petition seeking pensionary benefits, the first respondent college is reluctant to grant him his lawful retiral benefits even after 30 months from the date of his retirement. Hence, the present second Writ Petition filed for payment of interest on delayed retiral payment.

(2.) MR.R.Krishnamoorthy, learned counsel appearing for the petitioner submits that the petitioner after serving 30 years with the respondent Ambai Arts College without any adverse remarks, had to wait 22 months for sending the proposal of terminal benefits to the third respondent, the Regional Joint Director of Collegiate Education, Tirunelveli. Even after 30 months from the date of his retirement, the college authorities callously ignored the plight of the poor old retiree to get his retiral benefits, hence, he was forced to file first Writ Petition in W.P.No.6101 of 2004 seeking a prayer for issuance of a Writ of Mandamus directing the first and second respondents to send the proposals of the terminal benefits of the petitioner to the third respondent. Since there has been a long delay of two and a half years in paying the legal retiral benefits of the hard earned service of 30 years, the present second Writ Petition has been filed seeking a prayer to issue a Writ of Mandamus directing the first respondent to pay interest at the rate of 12% per annum for the terminal benefits from 01.04.2002 till the date of payment for withholding the papers relating to terminal benefits of the petitioner.

(3.) IN spite of several reminders made by the petitioner beseeching the first and second respondents to send the proposals of terminal benefits to the third respondent, the first and second respondents have not bothered about the plight of the retired employee in getting monthly pension as they delayed to send the proposals for about 22 months, with the result, since the petitioner suffered financial hardship, mental agony and many humiliations at the hands of lenders about 30 months from the date of retirement, he filed the present writ petition seeking payment of interest on the delayed payment of pension.