Madras High Court
Dr. A. Selvaraj vs C.B.M. College on 26 October, 2021
W.A. No. 704 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2021
CORAM
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR
W.A. No. 704 of 2020
Dr. A. Selvaraj ..Appellant
Vs.
1. C.B.M. College,
rep. by its Secretary,
Coimbatore – 641 042.
2. The Principal,
C.B.M. College,
Coimbatore – 641 042.
3. The Regional Joint Director of
Collegiate Education,
Coimbatore Region,
Coimbatore – 641 018.
4. The Treasury Officer,
Coimbatore Huzur Treasury,
Coimbatore – 641 018.
5. Accountant General,
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W.A. No. 704 of 2020
Office of the Accountant General,
Teynampet, Chennai – 600 018. ..Respondents
Prayer: Writ Appeal as against the order dated 15.07.2020 passed in
W.P. No. 3224 of 2013.
For Appellant :: Mr.R. Subramanian
For Respondents :: Mr.G. Sankaran for R1
Mr.K. Tippu Sultan,
Govt. Advocate for
R2 to R4.
JUDGMENT
(Judgment of the Court was delivered by S.VAIDYANATHAN,J.)
The writ appeal has been preferred by the writ petitioner challenging
the order of the learned Single Judge insofar as prayer of the petitioner for
payment of interest on the belated payment of terminal benefits has not been
considered.
2. When the writ appeal was listed before this Court on
09.08.2021, the Division Bench headed by Honourable Justice Pushpa
Sathyanarayana, passed the following order:
“The third respondent herein/The Regional Joint Director of
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W.A. No. 704 of 2020
Collegiate Education, Coimbatore, is directed to go to the first
respondent/C.B.M. College, Coimbatore and verify the records, in
the light of the counter affidavits filed by the respondents 1 to 3. the
third respondent is also directed to verify as to whether the writ
petitioner is paid with all his retiral benefits and if so, whether they
are disbursed immediately or with the delay. If there is any delay,
the third respondent is further directed to report before this Court as
to the person who is responsible for the said delay and who is liable
to pay the interest for the belated payment to the writ
petitioner/appellant.”
3. Today, the writ appeal has been listed before this Court for
“compliance”.
4. Heard both parites.
5. Pursuant to the order of this Court dated 09.08.2021, the
Government has conducted an enquiry and fastened the liability on the
College and observed that C.M. Ramaraj, the former Secretary of the
College is responsible for the delay in disbursement of terminal benefits to
the writ petitioner/appellant herein.
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6. Mr. G. Sankaran, learned counsel appearing for the College
would submit that C.M. Ramaraj is unwell and that they need to file
objections to the enquiry report.
7. We make it very clear that we are not here to conduct any
enquiry and it is for the Government to take a decision after furnishing the
same to the College calling for objections. In case, any adverse orders are
passed against the College or the person responsible for non-disbursement
of the amount within time, it is open to the aggrieved party to challenge the
said decision before the appropriate forum.
8. As far as the issue regarding payment of interest on belated
disbursement of terminal benefits is concerned, for which the present appeal
has been preferred, undoubtedly, interest has got to be paid, but who has to
pay the interest needs to be decided and the earlier Division Bench had
directed to identify the person responsible for the delay. Though after the
enquiry, report has been submitted, we do not want to go into those aspects
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W.A. No. 704 of 2020
in the appeal as there is no doubt that for the belated payment, interest is
liable to be paid. Since a decision has got to be taken by the
S. VAIDYANATHAN,J.
AND
R. VIJAYAKUMAR,J.
nv
Government based on the enquiry report, depending upon the outcome of
the decision by the Government, after hearing the College and the writ
petitioner, the question as to who has to be fastened with the liability to pay
the interest can also be decided.
9. The writ appeal is disposed of with the above observation. No
costs.
(S.V.N.J.) (R.V.J.)
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