ORDER

The case of the petitioner is that the petitioner worked as Executive Officer Grade-IV in the Hindu Relegious and Charitable, Endowments Department and retired from service on 31.07.2016, on attaining the age of superannuation. At the time of his retirement, there was no pending disciplinary action against him. Accordingly, he is entitled for all retirement benefits but the respondents did not settle the same for around one (1) year.

2. The petitioner was issued with a charge-memo dated 19.06.2017 by the third respondent and the same was challenged before this Court in W.P(MD).No.14657 of 2017. This Court vide order dated 06.09.2021 quashed the charge-memo directing the respondents to process the retirement benefits and all other monetary benefits, for which the petitioner is entitled for at the rate of 4% interest per annum, within a period of twelve (12) weeks from the date of receipt of copy of that order.

3. Thereafter, due to willful non-compliance and non-

implementation of this Court order, the petitioner filed contempt, before this Court. It appears that after filing the contempt case, the writ petitioner has filed W.A.(MD).No.329 of 2022, before this Court and the Division Bench of this Court dismissed the said writ appeal vide judgment dated 15.11.2022.

4. On 22.11.2022, recording the undertaking given by the respondents to settle the dues within a period of one (1) month, it was adjourned for compliance. Thereafter, the respondents approached the Hon'ble Apex Court by filing SLP, which was also dismissed on 15.12.2022. Subsequently, the respondents paid the GPF amount on 12.01.2017, pension arrears on 15.06.2023, computation amount on 07.08.2023, special provident fund on 26.07.2023, selection grade increment amount on 29.11.2018 and special grade increment amount on

28.08.2019.

5. In fact, this Court while closing the contempt case on

28.07.2024, granted liberty to the petitioner to challenge the discrepancies as to the petitioner's emoluments of terminal benefits. Accordingly, the petitioner filed the present writ petition seeking a writ of Mandamus to direct the respondents to pay interest at the rate of 8% per annum, computing for the belated settlement of terminal benefits and other monetary benefits.

6. On behalf of the respondents, the counter-affidavit has been filed by the fifth respondent. Basing on the averments made in the said counter-affidavit, the learned counsel would submit that the delay in payment of the monetary benefits to the petitioner are neither willful nor wanton but only due to the pendency of the legal proceedings before this Court and the Hon'ble Apex Court and delay for submission of proposal by the petitioner.

7. In the reply to the counter-affidavit filed by the respondents, the petitioner has stated that the fifth respondent has chosen to divert the attention with averments made in his counter-affidavit stating that the delay has occurred not because of their inaction but because the petitioner is incorrect, false and mislead the Court.

8. In the reply affidavit, the petitioner has clearly stated about the nature of benefits for which he is entitled, due date, for payment, date of actual payment and the delay in making such payment as extracted below:-

9. Further it is stated in the counter-affidavit of the fifth respondent about the date of payments of General Provident Fund, Pension Arrears, Commutation, Spl Provident Fund (SPF 500), Selection Grade and Special Grade but no reasons are stated for the delay caused in settling the monetary benefits, for w