Madras High Court
Mrs.M.Malathi Amma vs Govt. Of Tamil Nadu on 28 September, 2010
Author: D. Hariparanthaman
Bench: D.Hariparanthaman
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.09.2010 CORAM THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.44262 of 2006 (T) (O.A.No.4364 of 2000) Mrs.M.Malathi Amma ... Petitioner vs. 1. Govt. of Tamil Nadu, represented by Secretary, Home Department, Chennai 9. 2. Director General of Police, Tamil Nadu, Chennai 5. 3. The Commandant, Tamil Nadu Spl. Police II Bn., Avadi, Chennai 54. 4. The Principal Accountant General, (A&E), Chennai 18. ... Respondents PRAYER: This writ petition came to be numbered under Article 226 of the Constitution of India by way of transfer of Original Application in O.A.No.4364 of 2000 to direct the respondents to settle all the service and terminal benefits, including family pension with all arrears, death cum retirement gratuity, general provident fund and all other benefits in respect of the applicant's husband late K.Kesavan Nair, C-Coy of Tamilnadu Special Police II Bn., Avadi, Chennai 600 054 in favour of the applicant herein. For Petitioner : Mr.C.Rajan For Respondents : Mr.K.Balakrishnan (for R1 & R2) Additional Government Pleader Mr.V.Vijayshankar (for R3) O R D E R
The petitioner's husband was employed in a post called 'Follower' in TSP II Battalion, Avadi from 1967 onwards. He was medically invalidated from service on 12.05.1979. Subsequently, he expired on 18.08.1990. His service was posthumously regularised with retrospective effect from 01.10.1967, pursuant to government order in G.O.Ms.No.1742, Home (POL XV) Department dated 22.10.1992, regularising the services of all Followers.
2. In view of his services having been regularised, he should have been paid pension from 12.05.1979 to 18.08.1990 and thereafter family pension to the petitioner. Neither pension to the petitioner's husband nor family pension to the petitioner was paid. No other terminal benefits were settled.
3. This forced the petitioner to file O.A.No.4364 of 2000 (W.P.No.44262 of 2006), praying for directions to respondents to settle all terminal benefits including family pension with all arrears.
4. Respondents 1 to 3 have not filed any counter affidavit. 4th respondent has also not filed counter affidavit. However, a written instruction of Senior Accounts Officer / Legal Cell of 4th respondent, is placed before me.
5. After filing of the Original Application, by an order dated 13.11.2000, the 4th respondent sanctioned minimum family pension of Rs.375/- from 19.08.1990 to 31.12.1995 and thereafter the revised minimum family pension of Rs.1,275 /- from 01.01.1996.
6. According to the learned counsel for the 4th respondent, the requisite documents for sanction of pension, DCRG and other benefits, i.e., documents such as Medical Invalidation Certificate, certified duplicate copy of Service Book, Pay and Leave details, a copy of G.O.Ms.No.1742, Home (POL XV) Department dated 22.10.1992, etc., were not furnished. Hence the office of the 4th respondent required those documents and those documents are yet to be furnished. The written instruction of 4th respondent, which is placed before me, is extracted hereunder.
"Sri Kesavan Nair served as follower under the administrative control of the Commander TSP II Battalion, Avadi and retired on invalidation on 12.5.79 and subsequently expired on 18.08.1990. The Government of Tamil Nadu by G.O.Ms.No.1742, dated 22.10.1992 has directed that the services of the followers as mentioned in Annexure II be regularised with retrospective effect from 1.10.67 for the purpose of sanction of pensionary benefits. Accordingly, family pension proposal in favour of Smt. Malathi Amma was forwarded by the department in September 2000 to this Respondent, i.e. after the filing of the OA. Though important particulars/documents such as Medical Invalidation Certificate, certified duplicate copy of Service Book, pay and leave details, a copy of G.O.Ms.No.1742 dated 22.10.92 in its entirety were not received, with a view to mitigating the hardship of the petitioner, monthly family pension of Rs.375/- from 19.8.1990 and Rs.1275/- from 1.1.96 was authorised by this Respondent on 30.11.2000 under PPO No.OAC 23528/POL. The requisite additional details were called for from the department on 27.11.2000. Only on receipt of the details/documents as referred supra, the eligibility for the payment of pension for the period from 13.5.70 to 18.8.90 and gratuity could be determined. It is therefore prayed that this Hon'ble Court may pass such orders as may be deemed fit taking into account the above factual position"
7. The petitioner is now 70 years old. She lost her husband 20 years back. Even her husband's service was regularised after his death. Though he died in 1990, his service from 1967 was regularised only in 1992, in view of G.O.Ms.No.1742, Home (POL XV) Department dated 22.10.1992. Therefore, pursuant to G.O.Ms.No.1742, Home (POL XV) Department dated 22.10.1992, the respondents 1 to 3 ought to have immediately sent proposals for sanction of pension, DCRG and other terminal benefits from 13.05.1979 and 18.08.1990. The respondents 1 to 3 ought to have sent proposals for family pension, since the Government employee died in 1990, before the issuance of G.O.Ms.No.1742, Home (POL XV) Department dated 22.10.1992, in the year 1992. But the petitioner was paid only minimum family pension that too only in the year 2000 with effect from 19.08.1990 by order dated 30.11.2000 of the 4th respondent. Therefore, in my view she is entitled to interest on the minimum family pension paid in 2000 from 22.10.1992 onwards i.e., from the date on which the Government issued order G.O.Ms.No.1742, Home (POL XV) Department, dated 22.10.1992.
8. Further the 3rd respondent is directed to furnish the required documents and other particulars as sought for by the 4th respondent for sanctioning full pension, DCRG and other terminal benefits due to the husband of the petitioner and also full family pension payable to the petitioner. The 3rd respondent is directed to furnish those documents and particulars to the 4th respondent, within a period of six weeks from today and the 4th respondent is directed to pass appropriate orders sanctioning pension, DCRG and other terminal benefits payable to the petitioner's husband and full family pension to the petitioner within a period of two weeks thereafter.
9. It is made clear that since there is enormous delay on the part of the respondents in settling terminal benefits without any reasons, the petitioner is entitled to interest on all the terminal benefits that are to be sanctioned by the 4th respondent, pursuant to the aforesaid order at the rate of 10% from 22.10.1992, till the date of payment. As already stated above the respondents 1 to 3 are also directed to pay interest on the minimum family pension paid to the petitioner in 2000 at the rate of 10% from 22.10.1992, till the date on which the minimum family pension was paid.
10. With the aforesaid directions, the writ petition is allowed. No costs.
Note to office:
Issue Order copy on 05.10.2010 28.09.2010 Index : Yes / No Internet : Yes / No ars To
1. The Secretary to Government, Government of Tamil Nadu, Home Department, Chennai 9.
2. Director General of Police, Tamil Nadu, Chennai 5.
3. The Commandant, Tamil Nadu Spl. Police II Bn., Avadi, Chennai 54.
4. The Principal Accountant General, (A&E), Chennai 18.
D. HARIPARANTHAMAN, J.
ars W.P.No.44262 of 2006 (T) (O.A.No.4364 of 2000) 28.09.2010