ORDER

This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned letter of the first respondent, dated 02.09.2014 in Letter No.734/Z2/2014-6 and consequently directing the respondents to disburse the interest at the rate of 18% from the date of retirement ie., 03.05.2003 till the date of disbursement ie., December 2013 for the belated payment of pension, commutation of pension, DCRG and other retiral benefits within the time to be stipulated by this Court.

2. The case of the petitioner in brief is as follows:-

2.1. The petitioner joined as Junior Assistant in the Health Department on 11.07.1968. For obtaining a personal loan of Rs.1,00,000/- from one Girija, charges were framed against the petitioner for violation of Rule 6(4)(aa) of the Tamil Nadu Government Servants Conduct Rules, he was imposed a punishment of censure on this charge on 20.03.2003. Girija filed a complaint in C.C.No.201 of 1999 on the file of the learned Judicial Magistrate No. 2, Hosur for the offence under Section 138 of the Negotiable Instruments Act. The second respondent placed the petitioner under suspension on 22.05.2003 stating that the aforesaid criminal case is pending against the petitioner. When the petitioner brought to the notice of the second respondent that he was already imposed a punishment of censure, instead of revoking the suspension order, a revised suspension order was issued on the same day stating that an enquiry into grave charges are pending against him. There was a charge framed against him for temporarily misappropriating a sum of Rs.30,000/-, he submitted his explanation. An enquiry was held and the enquiry officer filed a report. Despite filing the enquiry report, no final order was passed. Therefore, the petitioner filed a Writ Petition in W.P.No.15309 of 2009 before the Principal Bench of this Court for a direction to the respondents to pass final orders in the enquiry initiated against the petitioner vide charge memo, dated 25.10.2003 in Memo R.No.45033/DA/2002/S1 and for other reliefs. By order, dated 05.08.2009, this Writ Petition was disposed of giving direction to the first respondent to consider his representation, dated 24.07.2009. Even thereafter, no order was passed and therefore, the petitioner filed a contempt petition in Cont.P(MD)No.272 of 2010. Then the respondent passed an order, dated 05.11.2009, stating that final orders in the enquiry cannot be passed in view of the pendency of the criminal case in C.C.No.201 of 1999. Therefore, the contempt petition was closed.

2.2. The petitioner filed another Writ Petition in W.P(MD)No.1053 of 2013 to pass final orders in the aforesaid enquiry initiated against the petitioner without insisting for the outcome of the criminal case in C.C.No.201 of 2009. This Writ Petition was disposed of on 21.01.2013 with a direction to the first respondent to pass final orders. As per the order, the petitioner's suspension was revoked by G.O.(Ms)No.324, Health and Family Welfare (D1) Department, dated 10.04.2013 and retirement benefits along with other monetary benefits had been disbursed only in the month of December, 2013. Because of the malafide and ulterior motives by the respondents in not passing final orders on the enquiry report, the petitioner was put to grave prejudice, irreparable hardship and heavy loss. He gave a representation, dated 02.01.2014 to pay compensation along with interest. There was no reply to his representation. Therefore, he filed W.P(MD)No. 3320 of 2014 seeking a Writ of Mandamus, directing the respondents to give compensation along with interest for the belated payment of retirement benefits. This Writ Petition was disposed of on 26.02.2014, to consider the petitioner's representation and pass appropriate orders. Then the impugned proceedings in Letter No.734/Z2/2014-6, dated 02.09.2014 was issued rejecting his claim of interest for the belated payment of retirement benefits. Therefore, this Writ Petition is filed.

3.