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2008 Supreme(Mad) 4682

S.MANIKUMAR, K.RAVIRAJA PANDIAN
Government of Tamil Nadu, rep. by the secretary to Government, Revenue Department, Chennai & Another – Appellant
Versus
M. Deivasigamani – Respondent


Advocates Appeared:
For the Petitioners: M. Deivasigamani, Special Government Pleader.
For the Respondent:P. Rajendran, Advocate.

Judgment :

S. Manikumar, J.

1. Before the Tribunal, the first respondent has challenged the order, dated 9. 1995 passed by the District Collector, Periyar District, Erode and prayed for a consequential direction to the respondents to pay interest at the rate of 18% per annum for the delayed payment of pension, commutation of pension, death-cum-retirement gratuity, Encashment of Earned leave, General Provident Fund, Special Provident Fund and pay fixation arrears. The said Original Application was subsequently transferred to this Court and renumbered as W.P. No. 8707 of 2006. On contest, the learned single Judge, placing reliance on a decision in Dr. Uma Agarwal v. State of U.P. AIR 1999 SC 1212: (1999) 3 SCC 438: (1999) 3 MLJ 29: 1999-I-LLJ-1335, wherein, it has been held that the pension is not a bounty, but right of a retired employee and the Government is obliged to initiate process for payment, according to time schedule, prescribed in the departmental rules, set aside the impugned order made in the writ petition, dated 9. 1995, passed by the District and consequently, held that the first respondent is entitled to interest at the rate of 10% per annum for the belated payment of










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