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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Abdul Quddhose, J.
S.Karuppiah - Petitioner
Versus
The Chairman and Managing Director and ors. – Respondents
W.P.(MD)No.16338 of 2021
Decided On : 06-08-2024
MANDAMUS - PENSION - The court addressed a writ petition under Article 226 of the Constitution of India, where the petitioner sought a Writ of Mandamus for full pension payment following compulsory retirement. The court highlighted that the petitioner's entitlement to full pension is contingent upon the outcome of pending Writ Appeals challenging the disciplinary action. The decision emphasized the necessity of resolving the underlying issue of compulsory retirement before addressing pension claims, allowing the petitioner to refile for pension upon a favorable outcome in the appeals.
Fact of the Case:
The petitioner filed a writ petition seeking a Writ of Mandamus for full pension, claiming entitlement despite being subjected to compulsory retirement due to disciplinary proceedings.
Finding of the Court:
The court found that the petitioner's claim for full pension is directly linked to the pending Writ Appeals regarding the disciplinary action of compulsory retirement. It determined that no useful purpose would be served by keeping the writ petition pending.
Issues: Whether the petitioner is entitled to full pension despite the imposition of compulsory retirement, and the impact of pending Writ Appeals on this entitlement.
Ratio Decidendi: The court held that the resolution of the pension claim is dependent on the outcome of the Writ Appeals challenging the compulsory retirement, thus granting the petitioner the liberty to refile for pension after the appeals are resolved.
Result: The writ petition was disposed of, allowing the petitioner to file a fresh petition for full pension if successful in the pending Writ Appeals, with no order as to costs.
ORDER :
Abdul Quddhose, J.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to pay full pension with correct calculations of average basic pay, dearness allowance along with interest at the rate of 9% per annum.
This Writ Petition has been filed for a Writ of Mandamus seeking for a direction to the respondents to pay full pension.
2.According to the petitioner, only due to the fact that pursuant to a disciplinary proceedings initiated against him by the respondents, he was imposed with the punishment of compulsory retirement, the full pension payable to him was not paid by the respondents. According to him, he is legally entitled to get full pension and only under those circumstances he has filed this writ petition seeking for a Writ of Mandamus.
3.It is now brought to the notice of this Court by the learned Counsel for the petitioner that the punishment of compulsory retirement imposed on the petitioner was challenged by the petitioner through a separate writ petition which came to be dismissed by a learned Single Judge of this Court and aggrieved by the same, Writ Appeals have been filed by the petitioner which are pending before the Division Bench of this Court.
4.No useful purpose would be served if this writ petition is kept pending in order to await the outcome of the decision to be rendered in the Writ Appeals filed by the petitioner challenging the punishment of imposition of compulsory retirement on the petitioner. This Court deems it fit to dispose of this writ petition by granting liberty to the petitioner to file a fresh writ petition for payment of full pension to him, in case if he succeeds in the Writ Appeals which are now pending before the Division Bench of this Court in W.A. (MD)Nos.1007 & 1008 of 2022.
5.For the foregoing reasons, this Writ Petition is disposed of, granting liberty to the petitioner to file a fresh writ petition in case the petitioner succeeds in W.A.(MD)Nos.1007 & 1008 of 2022, seeking for the payment of his full pension as sought for in this writ petition. 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.
Provisional pension must be paid during disciplinary proceedings, ensuring employee rights are upheld under the Tamil Nadu Pension Rules.
A retired employee exonerated from disciplinary proceedings is entitled to full payment of withheld benefits, including salary, pension, and related benefits from the employer.
The main legal point established in the judgment is the entitlement of an employee to interest on belated payment of retirement benefits due to delays caused by pending disciplinary proceedings and c....
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