Madras High Court
M.Somasundaram vs Government Of Tamil Nadu on 3 December, 2013
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2013
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.8148 of 2013
M.Somasundaram .. Petitioner
-vs-
1. Government of Tamil Nadu
rep.by its Secretary
Environment and Forest Department
Fort St.George
Chennai 600 009
2. The Principal Chief Conservator of Forests
Panagal Building
Saidapet
Chennai 600 015 .. Respondents
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to pay interest for the belated disbursement of retirement benefits i.e., provident fund Rs.61,230/-, D.C.R.G. - Rs.5,18,216/-, commutation 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 the retirement of the petitioner till the respective date of disbursement of the retirement benefits to him within a period to be specified by this Hon'ble Court.
For Petitioner :: Mr.S.Mani
For Respondents :: Mr.N.Inbanathan
Government Advocate (Forest)
ORDER
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 & 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.
4. A detailed counter affidavit has been filed by the second respondent. The learned Government Advocate for the respondents submitted that when the petitioner reached the age of superannuation on 30.9.2010, he was permitted to retire subject to the result of the disciplinary proceedings. However, in view of the pendency of the disciplinary proceeding initiated under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules on some of the allegations relating to dereliction of duty committed by the petitioner during his service, the respondents were not able to process the pension papers. However, on dropping of the disciplinary proceedings on 10.1.2012, immediately, the proposals were sent to the Accountant General on 7.2.2012. Within three months from the date of receipt of the proposals sent by the second respondent, all the amounts were also sanctioned on 10.5.2012. Moreover, even during the pendency of the writ petition, the respondents have settled the interest on the belated payment of D.C.R.G., that came to Rs.67,873/- on 30.10.2013, which shows the bona fide steps taken by the respondents. However, in respect of commutation of pension, provident fund and earned leave salary, there is no provision for payment of interest. Therefore, the petitioner, having received interest on the belated payment of D.C.R.G., of Rs.67,873/-, cannot once again press for the payment of interest on the other retirement benefits.
5. This Court is unable to agree with the submissions made by the learned Government Advocate for the respondents. The reason is clear. It is appropriate to extract the amended rule 45-A of the Tamil Nadu Pension Rules, 1978 issued in G.O.Ms.No.510, Finance (Pension) Department dated 27.6.95 as follows:-
"In the said Rules, in rule 45-A, after sub-rule (1), the following sub-rule shall be inserted namely--
"(1-A). The period beyond which such interest is payable, shall be as follows:-
(i) in the case of a Government Servant retired otherwise on superannuation and where the Death-cum-Retirement Gratuity is withheld on account of disciplinary proceeding pending against him,--
(a) three months from the date of retirement where the Government Servant is exonerated of all charges and where the Death-cum-Retirement Gratuity is paid on the conclusion of disciplinary proceedings;
(b) three months from the date of death where the disciplinary proceedings are dropped on account of death of a Government Servant;
(c) three months from the date of issue of orders by the competent authority allowing payment of Death-cum-Retirement Gratuity where the Government servant is not fully exonerated on the conclusion of disciplinary proceedings and where the competent authority desires to allow payment of Death-cum-Retirement Gratuity.
(ii) six months from the date of retirement of a Government servant otherwise than on superannuation under Fundamental Rule 56(2) or 56(3) or rules 33, 36, 38, 39 and 42 of the Tamil Nadu Pension Rules, 1978;
(iii) six months from the date of death of a Government servant while in service and where the delay is not caused on account.....
(iv) three months from the date of issue of orders revising the emoluments where the amount of Death-cum-Retirement Gratuity already paid is enhanced on account of revision of emoluments;
(v) six months from the date of absorption in the case of permanent absorption in the Public Sector Undertakings or Autonomous bodies otherwise than on enmass transfer on conversion of Government department or a part thereof into Public Sector Undertakings or Autonomous bodies."
6. Admittedly, a perusal of the amendment introduced in rule 45-A of the Tamil Nadu Pension Rules, 1978 gives a right answer in favour of the petitioner that in case of a Government servant retired otherwise on superannuation and where the Death-cum-Retirement Gratuity is withheld on account of disciplinary proceeding pending against him, beyond three months from the date of retirement, where the Government Servant is exonerated of all charges and where the Death-cum-Retirement Gratuity is paid on the conclusion of disciplinary proceedings, the amended sub-rule (1-A) of rule 45-A tells upon the respondents for payment of interest on the belated payment of D.C.R.G. It is an admitted case that the respondents have not settled the commutation of pension of Rs.3,94,893/- till 13.7.2012 to the petitioner. Similarly, the provident fund of Rs.61,230/- also came to be paid only on 29.6.2012. One another due of Rs.4,30,178/- towards earned leave salary was paid only on 15.7.2011. As rightly emphasized by the learned counsel for the petitioner, this Court, by order dated 8.3.2012 in W.P.No.27853 of 2006 (S.Nallamuthu and another v. State of Tamil Nadu), has issued a direction to award interest on the belated payment of commutation of pension and other monetary service benefits. Paragraph-8 of the said order reads as under:-
"8. The main grievance of the petitioner is to the effect that though the petitioner has been paid with interest towards belated payment of DCRG, the petitioner has not been paid the interest in respect of the commutation of pension and other retirement benefits. The learned counsel for the petitioner strenuously contended that the petitioner is entitled to interest even in respect of other retiral benefits namely commutation of pension and other monetary service benefits. The learned counsel for the petitioner also rightly placed reliance on the decision of the learned single Judge of this Court in R.Rengasamy vs. The State of Tamil Nadu and another (unreported order dated 23.08.2006 in W.P.No.23615/2006). In the said decision, the learned Judge has placed reliance on the decisions of the Hon'ble Apex Court...."
7. This Court, following the above order, issues a direction to the second respondent to pay interest on the belated disbursements viz., commutation of pension of Rs.3,94,893/- paid to the petitioner on 13.7.2012, provident fund of Rs.61,230/- paid to the petitioner on 29.6.2012 and the earned leave salary of Rs.4,30,178/- paid to the petitioner on 15.7.2011, at the rate of eight per cent per annum. The said aggregate amount of interest shall be paid to the petitioner within a period of ten weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.
Index : yes/no 03.12.2013
Internet: yes
ss
To
1. The Secretary to Government
Environment and Forest Department
Fort St.George
Chennai 600 009
2. The Principal Chief Conservator of Forests
Panagal Building
Saidapet
Chennai 600 015
T.RAJA, J.
ss
W.P.No.8148 of 2013
03.12.2013