W.P.No.28735 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.11.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.28735 of 2022
K.Jagannathan ... Petitioner
Vs
1. The Principal Secretary to Government,
Highways and Minor Ports (HL-I) Dept.,
Secretariat,
Fort St.George,
Chennai - 600 009.
2. The Director General,
Highways and Rural Works, Chepauk,
Chennai - 5. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for
the issuance of a Writ of Mandamus to direct the respondents to disburse the
retiral benefits due to the petitioner in accordance to the order passed in
W.A.No.1594 of 2015 dated 30.11.2015 along with interest applicable and to
further refix the pensionary benefits in accordance to the Govt. orders issued
and as per the VIth Pay Commission recommendation due to the petitioner till
date without further delay as the petitioner is 84 years old land facing difficult
health issues and financial constraints.
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W.P.No.28735 of 2022
For Petitioner ... Mrs.Malarvizhi Udayakumar
For Respondents ... Mr.K.M.D.Muhilan
Additional Government Pleader
ORDER
This writ petition has been filed seeking for a Mandamus to direct the
respondents to disburse the retirement benefits of the petitioner due to him in
accordance with the order dated 30.11.2015 passed by the Division Bench of
this Court in W.A.No.1594 of 2015.
2. The petitioner claims that the following amounts are still due and
payable to him even though part payments were made by the respondents in
terms of the order dated 30.11.2015 passed in W.A.No.1594 of 2015.
a) Refixation of pay with effect from 01.01.1996 as per G.O.No.162 finance (Pay Cell) dept dt.13.04.1998 as per Vth Pay Commission recommendation.
b) Notional increment as per G.O.No.140 Finance (P.C) dept dt. 25.04.2018.
c) Grade pay as per VIth pay commission
recommendation G.O.Ms.No.235 finance (P.C) dept dt
01.06.2009
d) granting of 20% additional pension as on 01.03.2018 on completion of 80 years of age.
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e) death cum retirement gratuity with 12% interest as per Hon'ble Division Bench judgment dt.30.11.2015
f) 12% interest for the retirement benefits as per Hon'ble High Court Division Bench judgment dated 30.11.2015.
3. The petitioner has given representations and the last such
representation was given on 21.01.2020 requesting the respondents to pay the
aforesaid amounts. Since the representations have not been considered till
date, the petitioner has filed this writ petition. The petitioner is an 84
year old man. Necessarily, the representation of the petitioner will have to be
considered within a short time.
4. Learned Additional Government Pleader appearing for the
respondents has placed before this Court, the instructions received by him
from the Superintendent of Highways and Rural Works Department. He
would submit based on the instruction that the respondents have complied
with the directions of the Division Bench of this Court dated 30.11.2015
passed in W.A.No.1594/2015 by making their necessary payments to the
petitioner. In the instructions, it is stated as follows:
The provisional Pension was sanctioned during 16.06.2015 and the arrear for the same was paid during 24.08.2015. Meanwhile, the eligible DCRG amount of the
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petitioner works out to only Rs.1,59,225/- which is lesser than the loss incurred by the petitioner i.e., Rs.2,68,159/-. Therefore, disbursing the gratuity amount less Rs.2,68,159/- was not possible. The petitioner had been granted with all other terminal benefits which includes Earned Leave, Special Provident Fund, Provisional Pension etc.
5. The aforesaid statement of the respondent is recorded. However,
the learned counsel for the petitioner would reiterate the contents of the
affidavit filed in support of the writ petition and would make a submission as
claimed in the writ petition that the respondents are liable to make payment to
the petitioner towards balance amount. No prejudice would be caused to the
respondents, if the petitioner's representation seeking for payment is
considered on merits and in accordance with law within a time frame to be
fixed by this Court.
6. For the forgoing reasons, this Court directs the 1st respondent to
pass final orders on the petitioner's representation dated 21.01.2020 seeking
for settlement of his balance retirement benefits on merits and in accordance
with law within a period of eight weeks from the date of receipt of a copy of
this order.
7. The petitioner is directed to send one more copy of the
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representation dated 21.01.2020 to the respondents for effective
implementation of this order.
8. With the above direction, the Writ Petition is disposed of. No
costs.
01.11.2022
Index: Yes/ No Speaking Order/Non-speaking Order vsi
To
1. The Principal Secretary to Government, Highways and Minor Ports (HL-I) Dept., Secretariat, Fort St.George, Chennai - 600 009.
2. The Director General, Highways and Rural Works, Chepauk, Chennai - 5.
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ABDUL QUDDHOSE, J.
vsi
W.P.No.28735 of 2022
01.11.2022
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