1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.7858 of 2011 P.Paraman ... Petitioner -Vs- 1. The Principal Secretary to Government Municipal Administration and Water Supply Department Secretariat, Fort St. George Chennai - 600 009 2. The Director of Town Panchayats Kuralagam Chennai - 600 108 3. The Assistant Director of Town Panchayats Dindigul Zone Dindigul ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents to pay a sum of Rs.54,090/- to the petitioner towards interest for belated payment of the DCRG. For Petitioner : Mr.G.R.Swaminathan For Respondents: Mr.B.Pugalenthi Special Government Pleader O R D E R Pleadings disclose that when the petitioner was working as a Bill Collector, he was implicated in a criminal case in S.C.No. 2 of 2002, which ended in acquittal, by a Judgment, dated 10.01.2005. The prosecution filed Crl.A.No. 189 of 2005 and due pendency of the above appeal, the retirement benefits consequent to the attainment of age of superannuation, on 31.07.2006, were not settled. Seeking for a Mandamus to the respondents therein to pay full pension together with terminal benefits, the petitioner has filed Writ Petition in W.P. (MD).No. 4132 of 2008 and after considering the rival submissions, this Court by an order, dated 23.12.2008, allowed the Writ Petition with a direction to the respondents to pay full pension and other monetary benefits to the petitioner within a period of four months https://hcservices.ecourts.gov.in/hcservices/ 2 from the date of receipt of a copy of this order. The appeal in W.A.No. 724 of 2009, preferred by the District Collector, Dindigul District, Dindigul, has been dismissed on 07.01.2010, confirming the decision, stated supra. Pursuant to the above, retirement benefits were settled to the petitioner, but no interest has been awarded for the belated payments and hence, the present Writ Petition to award interest of Rs.54,090/- towards belated payment of DCRG and other benefits, in terms of G.O.Ms.No. 173, dated 01.04.2004. 2. On the above said pleadings, learned counsel for the petitioner placed reliance on a Division Bench of this Court in Government of Tamil Nadu and another Vs. M.Deivasigamani reported in (2009) 3 MLJ 1, wherein the Principal Bench of this Court, has ordered interest, on the belated payment of retirement benefits. 3. Material on record shows that claiming interest on the belated payment, the petitioner has made representations, dated 29.10.2010 and 01.11.2010 respectively, to the Director of Town Panchayats, Chennai, the second respondent herein. The Assistant Director of Town Panchayats, Dindigul Zone, Dindigul, the third respondent herein, vide proceedings, dated 10.01.2011, has also addressed to the Principal Secretary to Government, Municipal Administration and Water Supply Department, Chennai - 600 009, the first respondent herein, recommending disbursement of a sum of Rs.54,090/- towards interest from 01.11.2006 to 10.03.2010 in terms of G.O.Ms.No. 173 (Pension) Department, dated 01.04.2004, by enclosing a calculating the interest for belated payment, in terms of G.O.Ms.No. 173, Finance Department, dated 01.04.2004. The same is enclosed at Page 2 of the typed set of papers filed along with this Writ Petition. 4. Considering the pendency of the proposal from January 2011 and the Division Bench Judgment stated supra, this Court deems it fit to issue a direction to the Principal Secretary to Government, Municipal Administration and Water Supply Department, Chennai - 600 009, to pass orders on the proposals vide R.C.No. 1128/2006/Peru 2, dated 10.01.2011, sent by the Assistant Director, Dindigul, within a period of four weeks from the date of receipt of a copy of this order, routed through the Director. 5. The Director of Town Panchayats, Kuralagam, Chennai - 600 108, the second respondent herein, is directed to forward necessary documents along with the statements of a calculation, submitted by the Assistant Director of Town Panchayats, Dindigul Zone, Dindigul, so as to enable the first respondent to pass orders within a specified period. https://hcservices.ecourts.gov.in/hcservices/ 3 6. With the above said directions, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To 1. The Principal Secretary to Government Municipal Administration and Water Supply Department Secretariat, Fort St. George Chennai - 600 009 2. The Director of Town Panchayats Kuralagam Chennai - 600 108 3. The Assistant Director of Town Panchayats Dindigul Zone Dindigul W.P.(MD).No.7858 of 2011 15.07.2011 VSG SMA/26.7.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/