Madras High Court
M.G.Krishna Baba vs The Secretary To Government Of ... on 28 June, 2022
W.P.No.1761 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2022
CORAM
THE HONOURABLE Mr. JUSTICE D.KRISHNAKUMAR
W.P.No.1761 of 2020
and WMP.Nos.13328 & 13329 of 2022
M.G.Krishna Baba .. Petitioner
Vs.
1.The Secretary to Government of Tamil Nadu
Health and Family Welfare Department
Fort St.George
Chennai – 600 009.
2.The Director of Medical Education
Kilpauk, Chennai – 10.
3.The Dean
Government Medical College
High Ground Road, Palayamkottai
Tirunelveli
Tamil Nadu – 627 011.
4.The Accountant General (A&E)
361, Anna Salai, Restrevor Garden
Teynampet, Chennai.
Prayer : Writ Petition filed under Article 226 of the Constitution of
India praying for a Writ of Certiorarified Mandamus to direct the
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W.P.No.1761 of 2020
respondents herein to pay interest at the rate of 12% per annum for the
belated payment of provisional pension from 01.4.2010 to 12.07.2013,
encashment of Earned Leave from 01.4.2010 to 30.03.2017, full pension,
on balance DCRG amount of Rs.2,08,065/- from 01.06.2015 to
21.05.2018, Commuted value of Pension (CVP) from 31.02.2010,
belated payment of revision of pay in the post of Associate Professor
from 01.1.2007, pursuant to the VI Pay Commission recommendation
and on revised pay and allowances in the post of Professor of Dental
Surgery from 23.10.2011, and pass such other orders as this Court may
deem fit.
For Petitioner : Mr.Swadhi Subramaniam
For Respondents : Mr.T.Arunkumar
Additional Govt. Pleader [R1 to R3]
Mr.Vijay Shankar [R4]
ORDER
The writ petition is filed seeking a direction to the respondents
to pay interest at the rate of 12% per annum for the belated payment of
provisional pension from 01.4.2010 to 12.07.2013, encashment of Earned
Leave from 01.4.2010 to 30.03.2017, full pension, on balance DCRG
amount of Rs.2,08,065/- from 01.06.2015 to 21.05.2018, Commuted
value of Pension (CVP) from 31.02.2010, belated payment of revision of
pay in the post of Associate Professor from 01.1.2007, pursuant to the VI
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W.P.No.1761 of 2020
Pay Commission recommendation and revised pay and allowances in the
post of Professor of Dental Surgery from 23.10.2011.
2.1 The case of the petitioner is that he was appointed as
Assistant Surgeon in Government Hospital, Alangudi on 27.06.1979 and
upon subsequent promotions he was promoted as Professor of Dental
Surgery, and got retired from service on attaining superannuation on
31.03.2010. To his shock, few days prior to his retirement, he received a
charge memo dated 23.03.2010 alleging false charges against him.
However, he was allowed to retire from service on 31.03.2010 without
prejudice to the charges pending against me. The contention of the
petitioner is that though he was awarded with provisional pension from
the next day of his retirement i.e., on 01.03.2010, it was paid to him
belatedly, and that too only upto February' 2012. And thereafter, this
was even stopped for want of authorization from the fourth respondent,
which was finalised only on 12.07.2018.
2.2. This apart, his entitlements viz., provisional gratuity and
encashment of earned leave salary, and the difference in pay and
allowance for the period between 23.10.2009 to 31.03.2010, which was
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W.P.No.1761 of 2020
due to be paid on 31.03.2010, was received by him sometime in the year
2018. Further, the revision pay benefits which he is entitled to pursuant
to the recommendations of Pay Commission was also paid to him
belatedly. It is to be noted that the charges framed against him came to be
dropped vide G.O. dated 18.07.2017 and according to the petitioner, this
charge memo has no bearing on the settlement of said benefits.
3. This was challenged by the petitioner before this Court in
W.P.No.31965 of 2018, wherein, vide order dated 30.11.2018, the
learned Judge had directed the respondents to pay interest at the rate of
6% p.a. on the belated payment of terminal benefits within a period of
four weeks from the date of receipt of a copy of this order. This order
was not complied by the respondents and hence a contempt petition
No.959 of 2019 came to be filed. Pursuant to which, the Government has
sanctioned Rs.2,75,894/- towards interest on belated payment of DCRG
and the same was paid to me on 16.09.2019.
4. Now the grievance of the petitioner is that he is entitled for
the interest on the retirement and pensionary benefits i.e., belated
payment of Provisional Pension from 01.04.2010 to 12.07.2013,
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W.P.No.1761 of 2020
encashment of Earned leave from 01.04.2010 to 30.03.2016, full pension,
interest on balance DCRG amount of Rs.2,08,065/- from 01.06.2015 to
21.05.2018, Commuted Value of Pension (CVP) from 31.02.2010, on
belated payment of revision of pay in the post of Associate Professor
from 01.01.2007 pursuant to the recommendations of VI Pay
Commission and on revised pay and allowances in the post of Professor
of Dental Surgery from 23.10.2011, to which he has submitted a detailed
representation to the respondents on 09.12.2019. Since, there is no
response, the present petition is filed.
5. According to the learned counsel for the petitioner, since the
charges framed against the petitioner was dropped vide G.O.(D)
No.1466, dated 18.07.2017, he is entitled for pension, terminal and other
pay revision benefits and also the interest accrued towards those belated
payments. He relied on the decisions of the Division Bench of this
Court in W.A.No.3162 of 2019 dated 20.09.2019 and W.A.No.886 of
2007 dated 17.12.2008, wherein this Court has held that the
petitioner/appellant is entitled to interest on the belated disbursement of
pension and terminal benefits, and directed the respondents therein to pay
interest for the same within a period of eight weeks.
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W.P.No.1761 of 2020
6.In the light of the aforesaid judgment, this Court deems it
appropriate that the petitioner is entitled to receive interest at the rate of
6% per annum on the belated disbursement of pensionary and retirement
benefits. Therefore, under these circumstances, this Court directs the
first respondent to consider the representation of the petitioner dated
09.12.2019 and pass appropriate orders to pay the interest amounts
towards belated disbursement of pension and terminal benefits, which the
petitioner is eligible for, calculating it at the rate of 6% per annum,
within a period of twelve weeks from the date of receipt of a copy of this
order.
7. The writ petition is disposed of with the above direction. No
costs.
28.06.2022
Speaking Order/Non-speaking Order
Index : Yes / No
ds
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W.P.No.1761 of 2020
D.KRISHNAKUMAR,J
ds
1.The Secretary to Government of Tamil Nadu
Health and Family Welfare Department
Fort St.George
Chennai – 600 009.
2.The Director of Medical Education
Kilpauk, Chennai – 10.
3.The Dean
Government Medical College
High Ground Road, Palayamkottai
Tirunelveli
Tamil Nadu – 627 011.
4.The Accountant General (A&E)
361, Anna Salai, Restrevor Garden
Teynampet, Chennai.
W.P.No.1761 of 2020
28.06.2022
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