K.KAILASAM Vs. COMMISSIONER OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) The relief sought for in the present writ petition is to call for the records of the third respondent in O.Mu.No.491/A2/2011 dated 28.11.2011 and in Ni.Mu.No.551/A2/2011 dated 16.12.2011 and the records of the 2nd respondent herein in his proceeding Na.Ka.No.P3/ 2159/2011 dated 16.12.2011 in so far as revising the scale of pay of the petitioner to the detrimental of the petitioner and granting monthly pension, DCRG, Commutation of Pension and other retirement benefits in the revised lesser scale of pay and quash the same and consequently, direct the respondents to forthwith pay the DCRG, Commutation of Pension, monthly pension and other retirement benefits including interest from 01.03.2008 till the date of realization on the scale of pay prevailing as on the date of retirement of petitioner without effecting revision of lesser scale of pay fixed in the aforesaid impugned orders of the 2nd and 3rd respondents together with interest at the rate of Rs.24% per annum from 01.03.2008 till the date of realization.

(2.) It is the case of the petitioner that he served as Revenue Inspector/Assistant and retired from service on 29.02.2008, on attaining the age of superannuation. Before his superannuation, vide proceeding dated 26.02.2008, the first respondent directed the second respondent to permit the petitioner to retire from service on attaining superannuation, as neither any disciplinary proceedings nor any criminal proceedings were pending against the petitioner. Though no such proceedings were pending against the petitioner, he was not paid the retirement benefits.

(3.) When the petitioner requested the second respondent for settlement of his retirement benefits, they stated that they would settle the same in normal course. Hence, the petitioner has filed W.P.No.7282 of 2008 before this Court seeking directions to the respondents to settle the retirement benefits to the petitioner along with 24% interest with effect from 01.03.2008 till the date of disbursement. The said writ petition was disposed of by this Court vide order dated 26.03.2008.