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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
The Government of Tamilnadu, Represented by its Principal Secretary, Environment and Forest Department, Fort St.George, Secretariat, Chennai - 600 009 – Appellant
Versus
C.Sobitharaj – Respondent
| Table of Content |
|---|
| 1. suspension before retirement affected pension settlement. (Para 2 , 3 , 4) |
| 2. interest rate for pension benefits contested by government. (Para 5 , 10 , 12) |
| 3. interest calculation must follow pension rule stipulations. (Para 6 , 11 , 13) |
| 4. application of rule 45a outlined by the court. (Para 8 , 9) |
| 5. final ruling validating government calculations. (Para 14) |
[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]
The State preferred the intra Court appeal challenging the writ order dated 07.01.2019 in W.P(MD)No.24480 of 2018.
2.The respondent filed a writ petition challenging the G.O.(P)No.
103 Environment and Forest Department dated 07.05.2018 settling the terminal and pensionary benefits due to the respondent.
3.The fact remains that the respondent was due to retire from service on attaining the age of superannuation on 30.09.2007. However, he was placed under suspension before his date of retirement i.e., on 26.09.2007. Since disciplinary proceedings was initiated, he was not allowed to retire and his services were extended. Therefore, question of settling the terminal and pensionary benefits at that point of time would not arise at all. Charge memo was issued and
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