Madras High Court
C.B.M.College vs R. Sekar on 5 April, 2023
Writ Appeal No.1683 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 5/4/2023
CORAM
THE Hon'ble Mr.Justice D.KRISHNAKUMAR
and
THE Hon'ble Ms.Justice K.GOVINDARAJAN THILAKAVADI
Writ Appeal No.1683 of 2015
and
M.P.No.1 of 2015
C.B.M.College
rep. By its Secretary
Coimbatore 641 042. ... Appellant
Vs
1. R. Sekar
2. The Regional Joint Director of Collegiate Education
Coimbatore Region
Coimbatore 641 018.
3. The Treasury Officer
Coimbatore Huzur Treasury
Coimbatore 641 018.
4. The Accountant General
Office of the Accountant General
Teynampet
Chennai 600 018. ... Respondents
PRAYER : Appeal filed under Clause 15 of Letters Patent against the
order dated 21/7/2015 made in W.P.No.21715 of 2015 and M.P.Nos.1 to 3
of 2015.
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Writ Appeal No.1683 of 2015
For appellant ... Mr.K.S.Govinda Prasad
For respondents ... Mr.R.Subramanian
for R.1
Mr.L.S.M.Lasom Fizal
Additional Government Pleader
for R.R.2 and 3.
Batta with petition due
regarding R.4.
-----
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
Feeling aggrieved and dissatisfied with the impugned order, dated
21/7/2015 made in W.P.No.21715 of 2015, by which the learned Single
Judge of this Court has disposed of the writ petition.
2. Brief facts which are necessary for the disposal of this writ appeal
are as follows:-
The writ petitioner is a retired Associate Professor of Chemistry. He
retired from the appellant/first respondent College w.e.f. 30/6/2014. Since
there was a delay in paying the retirement/pensionary benefits, which was
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Writ Appeal No.1683 of 2015
not paid despite various correspondences and representations, writ petitioner
has filed a writ petition in W.P.No.21715 of 2015, praying for the issuance
of a writ of mandamus to direct the respondents to disburse all the terminal
benefits with 18% interest p.a.
3. Vide, order, dated 21/7/2015, a learned Single Judge of this Court
has directed the Management to send the proposals to the Regional Joint
Director of Collegiate Education/second respondent therein, within a period
of four weeks from the date of the receipt of a copy of the order and further
directed the second respondent therein to pass orders, within a period of
four weeks, thereafter. Being aggrieved, the Management has come before
this Court.
4. Heard Mr.K.S.Govinda Prasad, learned counsel appearing for the
appellant, Mr.R.Subramanian, learned counsel for the first respondent and
Mr.L.S.M.Lasam Fizal, learned Additional Government Pleader, appearing
for the respondents 2 and 3.
5. Learned counsel appearing for the first respondent submitted that
the respondent has already retired from service on 30/6/2014 and has
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Writ Appeal No.1683 of 2015
received all terminal benefits during the course of the legal battle with the
appellant with rectified pay anomaly with delays varying from 27 to 73
months, for which the appellant is liable to pay a penal interest @ 18% p.a.,
from the date of due to the date of realization for all the terminal benefits.
6. In the counter affidavit filed by the first respondent, amount due
from each terminal benefit and the corresponding interest due for the
delayed payment at the rate of 18% p.a., are tabulated as hereunder:-
S. Terminal Due Date of Amount Interest @
No. benefits date realization due and 18%
delay in
months
1. Re-employment For the 23/11/2016 11,26.067/- 3,65,420
salary with pay period (without (27 months)
anomaly from rectification)
rectification – 1/7/2014 31/1/2019
Rs.67,640/- p.m. to (after 79,603 32,239/-
31/5/2015 rectification) (72 months)
2. Pension 1/7/2014 19/1/2016 13,65,236/- Rs.2,17,460/-
(without (27 months)
Rs.2,93,121/-
rectification) Rs.3,61,878
31/1/2019 (72 months)
(After
rectification)
3 Commuted value 1/7/2014 19/10/2016 Rs.9,71,668/- 4,81,000/-
of pension (without (28 months)
rectification)
10/1/2019
(after Rs.93,278/- 54,570/-
rectification) (39 months)
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Writ Appeal No.1683 of 2015
S. Terminal Due Date of Amount Interest @
No. benefits date realization due and 18%
delay in
months
4. DCRG 1/7/2014 19/10/2016 10,00,000 4,20,000/-
(28 M)
5. EL & UEL 1/7/2014 20/3/2017 8,74,874/- 4,19,939/-
Final surrender (without (32 months)
rectification)
Rs.82,624/-
31/7/2020 (73 months)
90,473/-
Total interest 23,73,722/-
7. It is further stated that the appellant did not comply with the
directions given by this Court, despite serving of the contempt notice.
Hence, prays this Court to direct the appellant to pay the interest at the rate
of 18% p.a., which amounts to Rs.23,73,722/- for the delayed disbursal of all
the terminal benefits.
8. Perused the materials available on record.
9. Having heard the learned counsel for the respective parties, we are
of the considered opinion that as there was a delay in making the payment of
retirement benefits and settling the dues for which the employee/first
respondent is not at all responsible and he is entitled to the interest on the
delayed payment.
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10. In view of the above, the first respondent is directed to make a
representation to the second respondent for claiming interest for the belated
settlement, within a period of one month, from the date of receipt of a copy
of this order and on receipt of the same, the second respondent is directed to
consider the said representation, and pass orders, within a period of twelve
weeks, after providing an opportunity to the appellant. The Management is
directed to pay the interest at the rate of 6% p.a., on the delayed payment of
retirement benefits to the appellant, from the date of retirement till the actual
payment was made, subject to the final decision that may be taken by the
second respondent.
11. With the above direction, this writ appeal is disposed of. No
costs. Consequently, the connected Miscellaneous Petition is closed.
(D.K.K.,J) (K.G.T.,J)
th
5 April, 2023
mvs.
Index: Yes/No
Neutral Citation: Yes/No
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Writ Appeal No.1683 of 2015
To
1. The Regional Joint Director of Collegiate Education
Coimbatore Region
Coimbatore 641 018.
2. The Treasury Officer
Coimbatore Huzur Treasury
Coimbatore 641 018.
3. The Accountant General
Office of the Accountant General
Teynampet
Chennai 600 018.
D.KRISHNAKUMAR,J
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Writ Appeal No.1683 of 2015
AND
K.GOVINDARAJAN THILAKAVADI,J
mvs.
W.A.No.1683 of 2015
5/4/2023
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