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S. M. SUBRAMANIAM, C. KUMARAPPAN
K. Subramaniyan – Appellant
Versus
State of Tamil Nadu, Represented by its Principal Secretary to Government, Municipal Administration and Water Supply Department – Respondent
JUDGMENT :
S.M. Subramaniam, J.
[PRAYER: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 05.07.2021 passed in W.P.No.26701 of 2017.]
The writ petitioner is the appellant before us. The order passed by the Managing Director, Tamil Nadu Water Supply and Drainage Board in proceedings dated 19.12.2016, rejecting the claim of the appellant to grant interest for the belated settlement of retirement benefit was challenged in the writ proceedings.
2. Admittedly, there was an Audit Objection raised regarding the fixation of pay of the appellant. During the pendency of the Audit Objection, the appellant filed two writ petitions in W.P.No.4174 of 2011 and W.P.(MD) No.6851 of 2012. During the pendency of these two writ petitions and the Audit Objections, the respondents could not able to settle the retirement benefits of the appellant. After disposal of the writ petitions and dropping of the Audit Objections, all benefits due to the appellant were settled.
3. Mr. K. Srinivasamurthy, learned Counsel appearing on behalf of the appellant would submit that even during the pendency of the writ petitions by withholding the disputed amount, the respondents ought to have se
Delays in disbursing retirement benefits due to audit objections and litigation do not warrant the payment of interest.
Entitlement to claim interest for belated settlement of terminal and pensionary benefits as per the established legal proposition.
The main legal point established in the judgment is that under Rule 45A of the Tamil Nadu Pension Rules, 1978, a retired person is entitled to belated payment interest on all terminal benefits, inclu....
The appellant is entitled to interest from the date on which his DCRG would have been paid in normal circumstances.
The main legal point established in the judgment is the entitlement of the writ petitioner to interest on delayed retirement benefits, as supported by relevant case law and the Payment of Gratuity Ac....
Pension - Pension, gratuity and other retirement benefits are no longer matters of any bounty to be distributed by the Government but are valuable rights acquired and property in their hands and any ....
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