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S. M. SUBRAMANIAM, M. JOTHIRAMAN
A. Chandrasekaran – Appellant
Versus
Union of India – Rep by The Secretary to the Government of India & Chairman Governing Body of PIIC Ministry of Health – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records pursuant to the impugned proceedings of the dated 04.10.2019 in O.A.No.310/01405/2018 of the 3rd respondent Tribunal, and after quashing the same, pray direct the 2nd respondent to refund the unauthorized deduction of commutation of pension recovered in lump sum even before the actual disbursement capitalized value of commutation of pension, and further pay up-to-date interest on leave salary encashment and on retirement gratuity payment from 01.09.2015 to 18.05.2018.
The writ on hand has been instituted challenging the order dated 04th October, 2019 passed in O.A.No.1405 of 2018.
2. The petitioner was appointed as Store Officer (Group-B) on 19.08.1979. He was subsequently promoted to Procurement Officer (Group-A) on 24.01.1996 and retired from service on 31.08.2007 on attaining the age of superannuation. During the fag end of his services disciplinary proceedings were initiated for the alleged misconduct of acquiring disproportionate wealth. The Central Bureau of Investigation (CBI) also conducted an investigati
Commutation of pension is an optional facility included in terminal benefits, and no separate interest claim is valid as per the rules.
The main legal point established in the judgment is that if there is no justifiable explanation for the delay in releasing retiral dues, the retiree must be compensated with interest on the amount pa....
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....
Deduction from commuted pension is justifiable under rules prohibiting restoration of commutation once paid, preventing unjust enrichment.
Government employees are entitled to receive timely retirement benefits and can claim interest on delayed payments due to administrative failure.
Retiral dues must be released promptly after disciplinary proceedings; unjustified delays warrant interest on delayed payments.
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....
Interest on delayed payment of retirement gratuity and commuted pension value is payable where benefits are withheld due to disciplinary proceedings, following exoneration, based on statutory rules a....
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