BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2022 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.23693 of 2022 R.Rajendran ... Petitioner Vs.

The State of Tamil Nadu Rep. by its Additional Chief Secretary to Government, Co-operative, Food and Consumer Protection Department, Secretariat, Chennai-9. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to pay 18% interest for belated payment of Death Cum Retirement Gratuity in terms of Rule 45(A) of the Tamil Nadu Pension Rules, 1978 by considering the petitioner's representation dated 03.09.2022 within the period that may be stipulated by this Court.

For Petitioner : Mr.A.Nawaz Khan for M/s.Ajmal Associates For Respondent : Mr.M.Senthil Ayyanar Government Advocate

ORDER

Heard the learned counsel on either side.

2. The writ petitioner retired as Deputy Registrar of Cooperative Societies. He had joined the department on 11.03.1979. He reached the age of superannuation on 30.11.2015. He was allowed to retire vide G.O.(D)No.312, Co-operation, Food and Consumer Department, dated 30.11.2015 without prejudice to the disciplinary action that may be taken against him under Tamil Nadu Pension Rules, 1978 based on the outcome of the proceedings under Section 82 of Tamil Nadu Co-operative Societies Act, 1983. Since nothing progressed thereafter, the petitioner filed W.P.(MD)No.7543 of 2017 for finalising the enquiry proceedings under Section 82 of Tamil Nadu Co- operative Societies Act, 1983. The said writ petition was disposed of on 24.04.2017. The petitioner was later informed that the surcharge proceedings as well as the criminal proceedings were dropped. However, draft charge memo had been prepared and forwarded to the Registrar of Co-operative Societies for getting his concurrence. This information was furnished to the petitioner on 13.12.2019. Since nothing took place, even after expiry of five years from the date on which the petitioner reached the age of superannuation, he filed one more Writ Petition (MD)No.13204 of 2020 for disbursement of his pensionary and other benefits. The said writ petition was disposed of on 01.10.2020 by directing the authorities to pass order on the petitioner's representation. Pursuant to the said direction, G.O.(D)No.61, Co-operation Food and Consumer Department dated 21.04.2021 was issued and the retirement benefits was disbursed on 09.12.2021. The petitioner now seeks payment of interest on the belated disbursement.

3. The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition. According to him, the petitioner must be paid interest in terms of Rule 45(A) of Tamil Nadu Pension Rules, 1978. Rule 45(A) is as follows:-

Rule 45A. Interest on delayed payment of Gratuity.- (1)

Interest at the rate of eight per cent per annum shall be payable on the death-cum-retirement gratuity paid beyond (a) period of two months from the date of retirement of a Government servant [***]

[Provided that on and from the 12th June 1987, the rate of such interest shall be as follows (a) seven per cent per annum beyond a period of three months and up to one years; and (b) ten per cent per annum beyond a period of one year;]

[Provided further that on and from 20th February 1995, the rate of such interest shall be twelve percent per annum (compounded annually).

Provided also that on and from 1st April 2004, the rate of such interest shall be at the rate of interest payable, on General Provident Fund during the year of retirement of the Government servant (compounded annually)]

Provided further that no such interest shall be payable:

(a) where the institution of departmental or judicial proceeding against the retiring Government servant concerned is pending; and (b) for the fraction of a month [(1 -A) The period beyond which such interest is payable, shall be as follows :-

(i)