Madras High Court
M.Ranganathan vs The Superintendent Of Police on 8 August, 2023
W.P.No.23272 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.23272 of 2023 and
W.M.P.No.22810 of 2023
M.Ranganathan, (M/80 Yrs),
S/o.Madurai,
Formerly Sub-Inspector of Police,
Special Branch,
Neyveli, Cuddalore District. ... Petitioner
Versus
1.The Superintendent of Police,
Villupuram District, Villupuram.
2.The Deputy Inspector General of Police,
Villupuram Range, Villupuram.
3.The Director General of Police,
Mylapore, Chennai – 4.
4.The Secretary to Government,
Home (Police IV) Department,
Fort St George, Chennai – 9. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus or any other appropriate Writ or
Order or Direction in the nature of Writ, calling for the records of the
respondents in connection with the impugned order passed by the 1 st
respondent in Na.Ka.No.T2/1158/2023, dated 13/02/2023 and quash the
same and direct the respondents to sanction 12% interest compounded
annually, for the belated payment of the retirement benefits from the date of
superannuation i.e. 31/05/1996 to till the date of actual disbursement till
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W.P.No.23272 of 2023
30/01/2017 and grant such other further relief as this Court may deem fit in
the circumstances of the case.
For Petitioner : Mr.M.Muthappan
For Respondents : Mr.P.Baladhandayutham,
Special Government Pleader
ORDER
This Writ Petition has been filed to call for the records of the 1 st
respondent in connection with impugned order in Na.Ka.No.T2/1158/2023,
dated 13.02.2023 and quash the same and direct the respondents to sanction
12% interest compounded annually for the belated payment of the
retirement benefits from the date of superannuation i.e., 31.05.1996 to till
the date of actual disbursement till 30.01.2017.
2.The grievance of the Writ Petitioner is that the petitioner
superannuated in the year 1996. Due to the pendency of the criminal case,
the petitioner was suspended, but not allowed to retire from the service.
After ful-fledged trial, the petitioner was convicted in the criminal case in
S.C.No.335 of 2010, dated 19.09.2013. Aggrieved over the same, an appeal
was preferred by the petitioner before this Court in Crl.A.No.653 of 2013
and the same was ended in acquittal on 27.03.2014 setting aside the
judgment of the trial Court. Thereafter, based on the recommendation sent
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W.P.No.23272 of 2023
by the 1st respondent, the petitioner's terminal benefits were settled in the
year 2017. Citing the delay in paying the terminal benefits, the petitioner
has given representation, dated 05.11.2022 to the 1st respondent. The 1st
respondent, by order, dated 13.02.2013 in Na.Ka.No.T2/1158/2023 rejected
the claim of the petitioner holding that there is no delay in disbursing the
retirement benefits. As against the impugned order, the present Writ
Petition has been filed.
3.Heard the submissions of the learned counsel for the petitioner
and the learned Special Government Pleader appearing for the respondents
and perused the materials.
4.Though the petitioner attained the age of superannuation in the
year 1996, the fact remains that he along with another were prosecuted in a
criminal case regarding custodial death. Originally, the petitioner was
found guilty by the trial Court in S.C.No.335 of 2010, thereafter, he was
acquitted by this Court in Crl.A.No.653 of 2013 setting aside the judgment
of the trial Court. Only in the year 2016, the petitioner was allowed to retire
from service at the intervention of this Court, thereafter within a year, the
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W.P.No.23272 of 2023
entire terminal benefits were settled to him immediately. Only due to
pendency of the criminal case, there was delay in disbursing the terminal
benefits to the petitioner. This being the position, the petitioner, as a matter
of right, cannot seek any interest for delayed terminal benefits and there was
no deliberate inaction on the part of the respondents in paying the terminal
benefits.
5.In such view of the matter, this Court is of the view that the delay
cannot be attributed to the respondents and the respondents cannot be
fastened with any liability to pay any interest for the terminal benefits.
6.Accordingly, this Writ Petition stands dismissed. Consequently,
the connected Miscellaneous Petition is closed. No costs.
08.08.2023
Index : Yes/No
Internet: Yes/No
Neutral Citation: Yes/No
Speaking Order/Non-Speaking Order
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W.P.No.23272 of 2023
To
1.The Superintendent of Police,
Villupuram District, Villupuram.
2.The Deputy Inspector General of Police,
Villupuram Range, Villupuram.
3.The Director General of Police,
Mylapore, Chennai – 4.
4.The Secretary to Government,
Home (Police IV) Department,
Fort St George, Chennai – 9.
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W.P.No.23272 of 2023
N.SATHISH KUMAR, J.
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W.P.No.23272 of 2023
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