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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Abdul Quddhose, J.
M.Mohamed Abdul Kadher - Petitioner
Vs.
The State of Tamil Nadu, Rep. by its Secretary, Finance Department, St. George Fort, Chennai - Respondent
W.P.(MD)No.6739 of 2017
Decided On : 30-08-2024
MANDAMUS - RETIREMENT BENEFITS - The court addressed a Writ Petition under Article 226 of the Constitution of India, seeking a Mandamus for the disbursement of retirement benefits including Gratuity and Pension. The court highlighted the importance of timely payment of retirement benefits and allowed the petitioner to submit a fresh representation for incremental arrears, emphasizing the need for a final order to be passed within a stipulated timeframe.
Fact of the Case:
The petitioner filed a Writ Petition seeking a Mandamus for the disbursement of retirement benefits, including Death Cum Retirement Gratuity, Monthly Pension, and Commutation of Pension, along with interest at 18% per annum. The respondents denied the claims, stating that some payments had been made but incremental arrears as per the 6th Pay Commission were still outstanding.
Finding of the Court:
The court noted that since some payments had been made, it would not cause prejudice to allow the petitioner to submit a fresh representation for the outstanding incremental arrears and interest on belated payments. The court directed the respondents to consider this representation and pass final orders within a specified timeframe.
Issues: Whether the petitioner is entitled to receive the outstanding incremental arrears and interest on belated payments of retirement benefits.
Ratio Decidendi: The court established that the petitioner has the right to seek payment of incremental arrears and that the respondents are obligated to consider such representations and issue final orders in accordance with the law.
Result: The Writ Petition was disposed of, granting the petitioner liberty to submit a fresh representation for the payment of incremental arrears and interest, with a directive for the respondents to respond within six months.
ORDER :
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to disburse the retirement benefits of the petitioner such as Death Cum Retirement Gratuity, Monthly Pension, Commutation of Pension etc., along with interest at the rate of 18% per annum within the time stipulated by this Court.
This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to disburse the retirement benefits of the petitioner such as Death Cum Retirement Gratuity, Monthly Pension, Commutation of Pension etc., along with interest at the rate of 18% per annum.
2. Counter affidavit has been filed by the respondents denying the contentions of the petitioner.
3.On the last hearing date, learned Counsel for the petitioner submitted that he has received oral instructions from the petitioner that subsequent to the filing of this Writ Petition, certain payments were made towards Gratuity, Pension and Terminal Benefits. However, he submitted that incremental arrears have not been paid as per the 6th Pay Commission.
4. Since certain payments have been received by the petitioner, no prejudice will be caused if the petitioner is allowed to submit a fresh representation to the respondents seeking for payment of the incremental arrears together with interest at 6% p.a. for the belated payments and on receipt of the said representation, a direction can be issued to the respondents to pass final orders on merits and in accordance with law within a time frame to be fixed by this Court.
5. For the foregoing reasons, this Writ Petition is disposed of by granting liberty to the petitioner to submit a fresh representation to the first respondent seeking payment of his alleged incremental arrears and also for payment of interest at 6% p.a. for the belated payments made by the respondents within a period of two [2] weeks from the date of receipt of a copy of this order. On receipt of the said representation, the first respondent shall pass final orders on the said representation, on merits and in accordance with law within a period of six [6] months thereafter.
6.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.
The court reaffirmed the principle that retirement benefits must be disbursed in a timely manner and that individuals have the right to seek redress for delayed payments.
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