BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B.Pugalendhi, J
K.Nagarathinam – Appellant
Versus
Commissioner Of Agriculture, Chepauk, Chennai – Respondent
ORDER :
B.Pugalendhi, J.
The petitioner is a retired Assistant Agriculture Officer. While he was in service, a disciplinary proceedings under Rule 17(b) of Tamil Nadu Civil Services (Disciplinary and Appeal) Rules, 1955 has been initiated as against him that he has caused a loss to the Government for a sum of Rs.37,100/-, while implementing the National Horticulture Mission Scheme and also for certain other supervisory lapses. A charge memo vide DCS2/5657/2013, dated 06.01.2014 has been issued to the petitioner, by the Director of Horticulture and Plantation Crops and he was placed under suspension on 31.01.2015. Thereafter, the order of suspension was revoked on 08.07.2016 and he was also permitted to retire from service on his attaining the age of superannuation, by a proceedings, dated 20.07.2016, without prejudice to the pending disciplinary proceedings. Thereafter, on proved charges, a punishment of ''reduction of Rs.300/- per month from the pension for 18 months'' has been imposed vide G.O(3D) No.267, Agriculture (AA 8) Department, dated 18.11.2016. The petitioner has not challenged the order of punishment.
2.Apart from the above departmental proceedings, a case in Crime No.1 of
Interest on delayed payment of Death-cum-Retirement Gratuity is governed by Section 45 A of the Tamil Nadu Pension Rules, 1978, and must be considered unless pending judicial proceedings affect entit....
Interest on delayed DCRG payment is mandated under Rule 45-A(I-A) of the Tamil Nadu Pension Rules, post-exoneration, reinforcing the obligation to settle pension benefits timely.
Government employees are entitled to receive timely retirement benefits and can claim interest on delayed payments due to administrative failure.
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 main legal point established in the judgment is the liability to pay interest for delayed disbursement of statutory dues as per Rule-49(5) of the Orissa Pension Rules and constitutional provision....
Entitlement to claim interest for belated settlement of terminal and pensionary benefits as per the established legal proposition.
Employees' rightful entitlement to salaries and pensions, and the need for equitable considerations in cases of deferred payments.
Pension and gratuity are recognized as valuable rights, and any unjustified delay in their disbursement entitles the employee to claim interest, irrespective of specific provisions in service rules.
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