Madras High Court
The Additional Chief Secretary To ... vs K.Ramasubbu on 29 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A.(MD) No.2159 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)No.2159 of 2024
and
C.M.P.(MD) No.15203 of 2024
1.The Additional Chief Secretary to Government,
Government of Tamil Nadu,
Highways and Minor Ports Department,
Secretariat, Chennai - 600 009.
2.The Director General of Highways,
Guindy, Chennai - 600 025. ... Appellants
-vs-
K.Ramasubbu ... Respondent
Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ
Appeal by setting aside the order, dated 23.11.2023 made in W.P.(MD).No.24355
of 2023.
For Appellants : Mr.S.R.A.Ramachandran,
Addl. Government Pleader.
For Respondent : Mr.S.Govindan
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W.A.(MD) No.2159 of 2024
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
The order challenged in this writ appeal is one directing the Government to
pay interest for the delayed payment of retirement benefits from 01.10.2011
(three months after the date of retirement) till 28.02.2017 (the date on which it
was paid).
2.The respondent was working as a Divisional Engineer was visited with a
charge memo in the year 2009 and after submission of his explanation, the same
was cancelled. A second charge memo was issued on 06.05.2010. The respondent
sent his explanation but he was placed under suspension on 24.06.2011 when he
was about to retire on 30.06.2011. The respondent came before this Court
seeking early disposal of the enquiry proceedings by filing W.P.(MD)No.10150 of
2011. This Court directed the authorities to complete the enquiry within a period
of four months from the date of receipt of a copy of that order. After the said
order, an enquiry officer was appointed on 20.10.2011. The enquiry officer
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submitted his report after 1 ½ years on 13.05.2013. The disciplinary authority sat
over the said report till 10.06.2016 and passed an order revoking the suspension
and permitting the respondent to retire with effect from 30.06.2011. Thereafter,
the disciplinary authority imposed a minor punishment of pension cut of Rs.500/-
per month for a period of six months. Claiming that there was delay in settling
his death cum retirement benefits and other benefits, the respondent sought for a
direction for payment of interest. The learned Single Judge relied upon Rule
45-A of the Tamil Nadu Pension Rules, 1978 and concluded that the respondent
would be entitled to interest on the retirement benefits from 01.10.2011 that is the
date on which three months period from the date of his retirement expired till the
date of payment.
3.Mr.S.R.A.Ramachandran, learned Additional Government Pleader for the
appellants would however contend that since the disciplinary proceedings got
concluded only on 10.06.2016, interest is payable only from the date.
4.We are unable to agree. Admittedly, suspension order was passed just
few days prior to the retirement of the delinquent employee and the same was
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revoked after three years from the date of report of the enquiry officer, despite the
fact that the delinquent employee had sent two representations, one on
06.05.2014 and the other on 04.09.2015, requesting the disciplinary authority to
pass order on the report of the enquiry officer. We find that the disciplinary
authority who passed the order on 10.06.2016 namely, the Additional Chief
Secretary to Government, Highways and Minor Ports (HL2) Department was
responsible for the delay in conclusion of the disciplinary proceedings. As a
consequence of the said delay, the Government is now forced to pay interest for
the period from 01.10.2011 till the date of payment ie., 28.02.2017. Because of
the delay committed by the disciplinary authority, the respondent cannot be made
to suffer. Hence, while upholding the order of the Writ Court, we direct the
Government to recover the interest lost to the Government from the disciplinary
authority who passed order on 10.06.2016. Such a recovery shall be made and
report of recovery shall be filed before this Court within a period of three months
from the date of receipt of a copy of this order. The writ appeal is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
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5.Post the matter for reporting compliance in the second week of
February, 2025.
NCC : No [R.S.M., J.] [L.V.G., J.]
Index : No 29.10.2024
ias
Issue order copy on 05.11.2024.
To:
1.The Additional Chief Secretary to Government,
Government of Tamil Nadu,
Highways and Minor Ports Department,
Secretariat, Chennai - 600 009.
2.The Director General of Highways,
Guindy, Chennai - 600 025.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
ias
29.10.2024
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