Madras High Court
S.Deivasigamani vs The Government Of Tamilnadu ... on 7 November, 2019
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.24012 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.11.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.24012 of 2019
S.Deivasigamani ..Petitioner
vs
The Government of Tamilnadu represented by
the Secretary to the Government,
Health and Family Welfare Department,
Fort St.George, Chennai – 600009. .. Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus, to direct the respondent to
sanction interest for the belated payment of commutation of pension
with further interest till the actual date of payment.
For Petitioner : Mr.J.Lakshmi Narayanan
For Respondents : Mr.R.S.Selvam
Government Advocate
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http://www.judis.nic.in
W.P.No.24012 of 2019
ORDER
The prayer sought for in this Writ Petition is to direct the respondent to sanction interest for the belated payment of commutation of pension with further interest till the actual date of payment.
2. By consent of both the parties, the Writ Petition has been taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that he was working as Junior Administrative Officer and retired in the year 1999 on his superannuation. His retirement benefits were settled only after ten years. The petitioner made representation on 27.06.2019 to pay him the interest for the belated payment of commutation of pension. The said request was not considered. Hence, the present Writ Petition has been filed.
4. The learned counsel for the petitioner would submit that the petitioner was retired from the service in the year 1999 and his retirement benefits were settled only in the year 2009, after a lapse of ten years. Therefore, the petitioner made representation on 2/5 http://www.judis.nic.in W.P.No.24012 of 2019 27.06.2019 seeking interest for the belated payment of commutation of pension. However, till date the said representation was not considered. He would further submit that it would be suffice to issue direction to the respondent to consider and dispose of the representation dated 27.06.2019 on merits and in accordance with law.
5. Heard the counsel and perused the records.
6. The petitioner retired from the service in the year 1999 and in the year 2009, the entire retirement benefits were settled to the petitioner. However, the present Writ Petition is filed in the year 2019 claiming the interest for the belated payment which were settled in the year 2009 itself. The petitioner has not given any reason for the delay in approaching this Court. The petitioner has filed this Writ Petition after a lapse of 10 years and there is no provision available in the service rules for providing interest for the belated payment of commutation of pension.
7. Considering the facts and circumstances of the case that no 3/5 http://www.judis.nic.in W.P.No.24012 of 2019 provision is available for providing the interest for belated payment of commutation of pension and the delay of 10 years in approaching this Court, I am not inclined to issue direction to the respondent to consider the representation.
8. Accordingly, the Writ Petition is dismissed on the grounds of laches. No costs.
07.11.2019 Index:Yes / No Speaking / Non-Speaking order kan To The Secretary to the Government, Health and Family Welfare Department, Fort St.George, Chennai – 600009.
M.DHANDAPANI, J., 4/5 http://www.judis.nic.in W.P.No.24012 of 2019 kan W.P.No. 24012 of 2019 07.11.2019 5/5 http://www.judis.nic.in