Madras High Court
K.Kanthavel vs The Superintending Engineer on 1 September, 2023
W.A.(MD) No.1131 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.(MD) No.1131 of 2022
and
C.M.P.(MD)Nos.8957 and 8960 of 2022
K.Kanthavel ... Appellant/Petitioner
-vs-
The Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation Ltd.,
Ramanathapuram,
Ramanathapuram District-623 503. ... Respondent/Respondent
PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent to set aside
the order, dated 06.04.2022 made in W.P.(MD)No.14670 of 2019 on the file of this
Court.
Prayer in WP(MD). 14670/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying
this Court to issue a Writ of Certiorarified Mandamus to call for records pertaining
to the impugned order in PRO.No.723/Adm.O/ADM.11/A2/F.RETIRED 2019/
dated 29/03/2019 on the file of the respondent and quash the same as illegal and
consequently to direct the respondent to settle my GPF amount along with interest
for the years 2016 to 2017, 2017 to 2018, 2018-2019 , and till the disposal of this WP.
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W.A.(MD) No.1131 of 2022
For Appellant : Mr.K.Kanthavel
Party-in-Person
For Respondent : M/s.Malini, for
Mr.T.S.Gopalan & Co
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
This Writ Appeal is directed against the order of the learned Single Judge
dated 06.04.2022 made in W.P.(MD)No.14670 of 2019.
2. The brief facts which are necessary for the disposal of this writ appeal are as
follows:-
2.1. The appellant was working as an Assessor in the respondent Corporation
and retired from service on 31.05.2016. It is the case of the appellant that he
submitted an application to the respondent on several dates to settle the GPF
amount with interest. Stating that the respondent failed to settle the GPF amount
along with interest, the appellant approached the respondent for claiming GPF
amount along with interest. The representation of the petitioner for retrospective
payment of the GPF amount was turned out on the ground that the petitioner had
not applied into the format in which, he was required to submit his GPF claim.
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W.A.(MD) No.1131 of 2022
Therefore, the appellant filed the writ petition to quash the order dated 29.03.2019
by which, the petitioner's representation for grant of GPF was turned out. The
prayer also was to issue direction to the respondent to settle the appellant's GPF
amount along with interest for the year 2016 to 2019.
2.2. Pending writ petition, the writ petition filed by the appellant, a direction
was issued to the respondent to settle the GPF amount due. In compliance of the
direction, it is submitted before this Court that the appellant received the entire
amount due by a (*)cheque on 17.06.2019. However, it is stated that the demand
draft was made ready even in March 2019 by the respondent. Even though the
amount is settled, the appellant asked interest for the delayed payment of GPF.
However, the learned Single Judge turned out the request for payment of the
interest as the appellant was in default who has to be blamed for non-submission of
the claim in the prescribed format.
3. It is also the case of the respondent that the appellant was serving in
establishment and therefore, he knows the formality and the requirement of filing
the claim in a prescribed format. The learned counsel appearing for the respondent
would rely upon the letter that was addressed to the appellant dated 06.11.2015 by
which, the appellant was asked to fill up the GPF amount and to send it. The
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W.A.(MD) No.1131 of 2022
pension booklet and no due certificate was also sent along with the said letter so as
to enable the appellant to make a claim in the prescribed format.
4. The appellant also made a claim regarding disputing his actual date of
retirement on the ground that his actual date of birth is not (*)1958. Having regard
to the facts narrated and the findings of the learned Single Judge, this Court also
finds that the appellant has failed to submit the application in the prescribed format.
However, the fact remains that the payment which was due in 2016 was disbursed
only after about three years. Even though the appellant has to blame for his failure
to submit the claim in the prescribed format, disbursement of GPF amount could
have been settled earlier without there being a delay of three years. It is admitted
that the appellant's claim was considered on the ground that amount was settled
even without the prescribed format. Even if the application is not in the prescribed
format, this Court finds that it will be in equity and he shall be paid interest or at
least a reasonable amount considering the interest that may be payable on
Government securities. This Court, taking into consideration the interest that is
payable on Government securities and other circumstances, relating in this case,
fixes the rate of interest at 6% p.a., which will be appropriate. (*)Having regard to
the period of delay, this Court directs the respondent to pay a sum of Rs.60,000/-
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W.A.(MD) No.1131 of 2022
(Rupees Sixty Thousand only) towards interest for the delayed payment of GPF
amount within a period of eight weeks from the date of receipt of a copy of this
judgment.
5. With the above direction, this Writ Appeal is allowed. No costs.
Consequently connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CO)
(*)Corrected as per the order of this Court dated 26/09/2023 made in W.A.(MD)
No.1131 of 2022
Sd/-
Assistant Registrar(CO)
// True Copy //
/10/2023
Sub Assistant Registrar(CS)
Sji
TO
(*) To be substituted to the order already despatched on 22/09/2023
The Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation Ltd.,
Ramanathapuram,
Ramanathapuram District-623 503.
+1 CC to M/s.K.KANTHAVEL PARTY IN PERSON, Advocate ( SR-41282[F] dated
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W.A.(MD) No.1131 of 2022
01/09/2023 )
+1 CC to M/s.P.MALINI, Advocate ( SR-41382[F] dated 04/09/2023 )
W.A.(MD) No.1131 of 2022
and
C.M.P.(MD)Nos.8957 and 8960 of 2023
01.09.2023
MK/20.09.2023 6P 4C
RD(04/10/2023) 6P / 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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