1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13311 of 2011 P.Venkatesan @ Thirumaran ..Petitioner Vs 1. The Commissioner for Municipal Administration, Chepauk, Chennai-5. 2. The Commissioner, Dindigul Municipality, Dindigul. ..Respondents. Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to pay interest at the rate of 18% per annum for the delayed payment of terminal benefits for the period from 22.12.1987 the date on which the petitioner's father was declared dead till the date of passing of orders for settlement on 5.3.2010, in terms of G.O.Ms.No.122, Finance(Pension) Department, dated 20.2.1995 and the orders of this Court reported in 2011 (2) CWC 401, dated 28.07.2011. For Petitioner :M/s.R.Rengaramanujam For Respondents :Mr.T.R.Janarthanam, Addl.Govt.Pleader ORDER The petitioner has come to this Court by filing the present Writ Petition seeking to issue Writ of Mandamus to direct the respondents to pay interest at the rate of 18% per annum for the delayed payment of terminal benefits for the period from 22.12.1987, the date on which the petitioner's father was declared dead till the date of passing of orders for settlement on 05.03.2010, in terms of G.O.Ms.No.122, Finance(Pension) Department, dated 20.02.1995 and the orders of this Court reported in 2011 (2) CWC 401, dated 28.07.2011. 2. The grievance of the petitioner is that the terminal benefits to which the petitioner's late father Palani was entitled was not paid in time. Therefore, the petitioner prayed this Court by filing the Writ Petition No.849 of 2007, to issue a Writ of Certiorarified Mandamus to call for the records connected with the impugned order of dismissal passed by the second respondent in his proceedings in Na.Ka.No.2909/B5/H3, dated 31.05.2005 and to quash the same and consequently, to direct the second respondent to settle the retirement benefits due to her and her claim for compassionate appointment to her son Venkatesh @ Thirumaran. 3. This Court by order, dated 12.09.2007, set aside the order of dismissal, dated 31.05.2005 and directed the second respondent to settle the retirement benefits including the Family Benefit Fund in favour of the petitioner therein, namely, Mariyayee. However, in respect of the prayer for compassionate appointment on the ground of 20 years of delay in making https://hcservices.ecourts.gov.in/hcservices/ 2 such prayer, this Court declined to consider the same. Therefore, on that basis, it has been submitted by the learned counsel for the petitioner that when the Civil Court had declared that Palani was dead, the respondents should have paid the terminal benefits from the date of death. As they have not done so and as they paid it belatedly only after the orders passed by this Court in W.P(MD)No.849 of 2007, dated 12.09.2007, the petitioner is entitled to get interest on the belated payment of retirement benefits. 4. This argument is highly misconceived for the reason that Late.Palani, the petitioner's father was already dismissed from service on the ground of desertion by order, dated 31.05.2005. That order was challenged by filing Writ Petition by the wife of Late Palani only in the year 2007 by filing W.P.No.849 of 2007 and this Court by order, dated 12.09.2007 set aside the order of dismissal. Therefore, when the petitioner has got the right to get the retirement benefits and other benefits from the date of passing of the order by this Court in W.P.No.849 of 2007, dated 12.09.2007, the prayer made by the petitioner in the year 2011 that he should be paid interest at the rate of 18% for the belated payment of terminal benefits from the date he was declared of dead is neither legally maintainable nor factually correct inasmuch as the present Writ Petition is not only misconceived but frivolous and without any substance, hence, this Court finds no reason to entertain this Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. SD ASST REGISTRAR ( RTI Act ) /TRUE COPY/ SUB ASST REGISTRAR vsn To 1. The Commissioner for Municipal Administration, Chepauk, Chennai-5. 2. The Commissioner, Dindigul Municipality, Dindigul. 1CC TO MR. R. RENGA RAMANUJAM, ADVOCATE, SR: 41003: DM::2011:DECEMBER:27:: W.P(MD)No.13311 of 2011 23.11.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/