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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.KALAIMATHI
N.Roby, S/o. Nesamani – Appellant
Versus
High Court of Madras, Rep. By the Registrar General – Respondent
| Table of Content |
|---|
| 1. facts regarding petitioner's service and retirement timeline. (Para 1 , 2) |
| 2. arguments related to entitlement for interest on delayed pension. (Para 3 , 4) |
| 3. court's analysis of applicable pension rules. (Para 5 , 6) |
| 4. court’s reasoning on entitlement and procedural aspects. (Para 7 , 8 , 9 , 10 , 11) |
| 5. final order on petitioner's claim. (Para 12) |
ORDER :
The writ petitioner joined judicial service in 1983. He reached the age of superannuation at 60 years on 30.11.2010. He was then working as III Additional District Judge(PCR), Madurai. On 27.10.2010, he was placed under suspension and vide proceedings dated 29.11.2010, he was not permitted to retire but retained in service. Subsequently, vide proceedings dated 22.07.2011, the disciplinary action initiated against the petitioner was dropped. His suspension was deemed to have been revoked and he was deemed to have retired from the Tamil Nadu State Judicial service on 30.11.2010. The petitioner was able to encash his earned and unearned leave only on 16.02.2012. The petitioner submitted his pension application on 19.03.2012 which was forwarded to the Principal Accountant General, Chennai. On 30.05.2012, the petitione
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.
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....
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 that a former employee is entitled to interest on delayed retirement benefits if the delay is attributable to the employer, as per the Railway Serv....
Retirees are entitled to interest on delayed pension payments if the delay is not attributable to their own actions, as established by Rule 89 of the Rajasthan Pension Rules, 1996.
The court ruled that the Secretary must properly examine administrative lapses in delayed pension payments, as mandated by Section 197-A of the Assam Service (Pension) Rules, 1969.
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....
The main legal point established in the judgment is that a retired employee is entitled to interest at 18% per annum for delayed payment of pensionary dues, including GPF amount, as per the Odisha Ci....
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
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