IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2009 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NO.29717 OF 2006 P.K.Varadhan .. Petitioner Vs. 1.The Director of Public Health and Preventive Medicine, Madras-6. 2.The Deputy Director of Health Services, Villupuram. 3.Government of Tamil Nadu, rep. by its Secretary, Health and Family Welfare Department, Fort St. George, Chennai-9 .. Respondents This writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the respondents to pay the interest on the belated payment of terminal benefits (at 24% per annum) as detailed in para 6(3) above, Rs.35,290.00, together with further interest at 24% p.a. on the accrued interest from the date on which it became due till the date of realisation. For Petitioner : Mr.A.L.Namasivayam For Respondents: Mrs.Sneha, GA - - - - ORDER The petitioner was working in the Primary Health Centre at Muppuli, Villupuram District. 2.The grievance of the petitioner was that though he got retired from service on 30.09.1995, his pension and D.C.R.G. were settled with considerable delay and therefore, he is entitled for interest on delayed payment at the rate of 24% per annum. He moved Tamil Nadu Administrative Tribunal with O.A.No.4269 of 1997. On notice from the Tribunal, the respondents have filed a reply statement, dated 09.02.1998, denying the liability of the respondents to pay any interest. In paragraph 8, the respondents have averred various steps https://hcservices.ecourts.gov.in/hcservices/ taken by them in granting gratuity, which reads as follows: "1.Date of retirement of the applicant .. 30.09.95 2.Date of receipt of Pension proposals from the applicant .. 9.2.96 3.Date of forwarding the pension proposals by the Medical Officer, Primary Health Centre, Muppuli to the Accountant General .. 14.2.96 4.Date of receipt of Adminissibility report from the Accountant General .. 10.4.96 5.Date of receipt of authorisation from the Accountant General for pension and Death-cum-Retirement Gratuity .. 17.7.96 6.Date of presentation of Death-cum- Retirement Gratuity Bill to Treasury .. 9.8.96 7.Date of settlement of Death-cum- Retirement Gratuity .. 13.8.96" 3.On Tribunal being abolished, the matter stood transferred to this court and was renumbered as W.P.No.29717 of 2006. Mr.A.L.Namasivayam, the learned counsel appearing for the petitioner submitted that the courts have been granting interest if there was delay in settlement of terminal benefits. He has also submitted that even if 24% claim made by the petitioner is unreasonable, the court can fix a reasonable percentage of interest. It must be understood that the court cannot give any direction contrary to the statutory rules in this regard. So far as the interest on the delayed payment of gratuity is concerned, it is covered by Rule 45(A) of the Tamil Nadu Pension Rules, but in respect of pension and other benefits, there are no rules, which provide for any interest being granted. Even otherwise, the court must be convinced that there must be an unreasonable delay on the part of the respondents in settling the terminal benefits. 4.In the present case, this court is of the opinion that there is no unreasonable delay in settling the terminal benefits of the petitioner, but so far as the interest on D.C.R.G is concerned, since the rule itself provides for interest to be paid, the respondents are hereby directed to consider the representation sent by the petitioner through his counsel dated 12.6.1996 in the light of Rule 45(A) of Tamil Nadu Pension Rules only in the matter of granting D.C.R.G. and pay interest as indicated thereon, if not already paid. The respondents shall dispose of the representation of the petitioner within a period of 12 weeks from the date of receipt of copy of this order. This writ petition stands allowed only to the extent as indicated above. No costs. It is made clear there there is no liability on the part of the respondents in paying any interest on https://hcservices.ecourts.gov.in/hcservices/ the question of alleged delay in paying pension and other terminal benefits. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vvk To 1.The Director of Public Health and Preventive Medicine, Madras-6. 2.The Deputy Director of Health Services, Villupuram. 3.The Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Chennai-9. W.P.NO.29717 OF 2006 JP(CO) SRA(18/02/2009) https://hcservices.ecourts.gov.in/hcservices/