The court established that employees are entitled to interest on delayed retirement benefits when the delay is attributable to employer actions, reinforcing rights under statutory rules and constitutional provisions.

ORDER

This writ petition has been filed challenging to call for the impugned order passed by the second respondent in Letter CZO.Na.Ka.No.A1/1999/2018 dated 04.06.2020 and quash the same and consequently to direct the first respondent to sanction INTEREST on the belated payment of a sum of Rs.8,14,077/- towards DCRG amount and a sum of Rs.4,58,865/- towards Commutation of Pension for the period from 01.07.2013 to 07.04.2020, in accordance with the provisions under Rule 45- A of the Tamil Nadu Pension Rules 1978 and also as settled by this Court in W.P.(MD) No.1115 of 2020 dated 02.01.2020, in the light of the orders passed by the Hon'ble Supreme Court in the case of S.K.DUA VS. Union of India.

2. The case of the petitioner is that the the Petitioner was appointed in the Chennai City Municipal Corporation as Surveyor on 14.09.1978 and subsequently promoted as Junior Engineer in the year 1987 and was further promoted as Assistant Executive Engineer on 15.05.2013 and superannuated on 30.06.2013. The Petitioner was allowed to retire from service in the proceedings of the Commissioner, Chennai City Municipal Corporation in Na. Ka.No. A4/1999/2013 dated 28.06.2013. However, the Commissioner, Chennai City Municipal Corporation has not sanctioned the General Provident Fund, Special Provident Fund and Encashment of Earned Leave at the Petitioner's credit as on 30.06.2013 and for the same, the petitioner has sent repeated representations. But, the same was not considered.

2.1. Therefore, the Petitioner has filed a Writ Petition before this Court in W.P.No.19614 of 2014 and this Court vide its order dated 05.08.2014 directed the Commissioner to release the General Provident Fund, Special Provident Fund and Encashment of Earned Leave at the credit of the Petitioner as on 30.06.2013, within a period of 8 weeks from the date of receipt of the copy of the order. However, since no order had been passed by the Commissioner, Chennai City Municipal Corporation as directed by this Court a Contempt Petition No.174 of 2015 was filed. Subsequently, the 2^nd Respondent in the proceedings Na.Ka.No.A6/1999/2013 dated 06.04.2015 have issued orders sanctioning a sum of Rs.9,71,309/- towards Encashment of Earned Leave/Private Affairs and Special Provident Fund. However, the Commissioner, Chennai City Municipal Corporation had not released the DCRG amount, Commutation of Pension and Full Pension to the Petitioner.

2.2. Thereafter the 2^nd Respondent issued a letter in Na.Ka.No.A6/1999/13 dated 06.04.2015 to recover a sum of Rs.29,45,316/- from the DCRG amount. The above impugned order of the 2^nd Respondent was challenged before this Court by the Petitioner in W.P.No.25626 of 2015. This Court by its order dated 18.08.2015 set aside the impugned order of the dated 06.04.2015 and remanded the matter to the Commissioner, Chennai City Municipal Corporation to issue appropriate notice for recovery, if permissible under the Rules and Law after giving due notice to the Petitioner, within a period of 2 weeks and thereafter the Petitioner should submit his explanation within a further period of 2 weeks which can be considered by the 2^nd Respondent 'within a period of 4 weeks' and take appropriate orders thereon.

2.3. The 2^nd Respondent then sent a letter dated 20.10.2015 to the Petitioner to bring all the records relating to the audit objections of Rs.29,45,316/- before him on 03.11.2015 at 10.30 A.M and the same was challenged by the Petitioner in W.P.No.37085 of 2015 praying that this Court to direct the 1^st Respondent to release the DCRG amount due to the Petitioner as on 01.07.2013 and also to sanction the Commutation of Pension and full