IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.09.2010 CORAM: THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN W.P.NO.896 OF 2006 (O.A.NO.4148 OF 2000) S.Govindasamy (deceased) Mrs.Anusya Devi ( petitioner substituted in the place of deceased petitioner as per order dated 17.09.2010 in W.P.M.P.No.617 / 2010 in W.P.No.896 / 2006) ... Petitioner Versus 1.The State of Tamil Nadu Represented by the Secretary to Government Public Works Department Fort St. George, Chennai – 600 009. 2.The Superintending Engineer Planning and Designs Circle Public Works Department Chepauk, Chennai – 600 005. 3.The Principal Accountant General (A&E) Tamil Nadu 26, Anna Salai, Chennai – 600 018. ... Respondents PRAYER: This Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No.4148 of 2000 from the file of Tamil Nadu Administrative Tribunal with a prayer to direct the respondents to pay interest at the rate of 24% per annum, compounded with quarterly rests, on the Gratuity, commutation, arrears of pension and other monetary retiral benefits of the petitioner from 30.06.1993 to 11.05.2000 and further interest on the sum payable till date of payment. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.D.Bharathachakravarthy For Respondents 1 & 2 : Ms.C.Devi Government Advocate For Respondent 3 : Mr.V.Vijaya Shankar O R D E R The Original Application in O.A.No.4148 of 2000 before the Tamil Nadu Administrative Tribunal is the present writ petition. 2.The deceased petitioner reached the age of superannuation on 30.06.1993. At the time of his retirement, disciplinary proceeding was pending against him. However, he was permitted to retire from service subject to the outcome of the disciplinary proceedings. Ultimately, the departmental action resulted in the imposition of punishment of cut in pension at the rate of Rs.300/- per month for a period of 12 months by the order dated 01.09.1997. Even thereafter, the terminal benefits were not settled and the pension and DCRG were settled only on 11.05.2000. 3.Hence, the present writ petition has been filed claiming interest at the rate of 24% on the gratuity, commutation and arrears of pension and other retiral benefits of the petitioner from from 30.06.1993 to 11.05.2000 and further interest on the sum payable till date of payment. 4.Heard the submissions made on either side and perused the materials available on record. 5.Since the deceased petitioner was not exonerated of the charges, the punishment was imposed by the order dated 07.05.1997 and the order of punishment attained finality. Hence, he is not entitled to any interest for the period from 30.06.1993 to 07.05.1997. 6.However, there was no reason for the belated payment of pension and DCRG after three years i.e. on 11.05.2000. Hence, the petitioner is entitled to interest on gratuity as provided under the Tamil Nadu Pension Rules. Likewise the petitioner is entitled to interest on commutation and arrears of pension, as per the Division Bench judgment of this Court in GOVERNMENT OF TAMIL NADU, REPRESENTED BY THE SECRETARY TO GOVERNMENT VS. M.DEIVASIGAMANI reported in 2009 (3) MLJ 1. The Division Bench judgment granted interest for the belated payment at the rate of 10% per annum. 7.In the result, the respondents are directed to pay interest on DCRG as per the Rules from 07.05.1997 to 11.05.2000 as provided under the Tamil Nadu Pension Rules and interest at the rate of 10% for commutation and arrears of pension for the period from https://hcservices.ecourts.gov.in/hcservices/ 07.05.1997 to 11.05.2000, as per the aforesaid Division Bench judgment, within a period of eight weeks from the date of receipt of a copy of this order. 8.The writ petition is disposed of with the above direction. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar TK To 1.The Secretary to Government Government of Tamil Nadu Public Works Department Fort St. George, Chennai – 600 009. 2.The Superintending Engineer Planning and Designs Circle Public Works Department Chepauk, Chennai – 600 005. 3.The Principal Accountant General (A&E) Tamil Nadu 26, Anna Salai, Chennai – 600 018. +1cc to M/s. Sai,Bharath & Ilan, Advocate Sr 72211 +1cc to Govt. Pleader Sr 72122 +1cc to Mr.V.Vijay Shankar, Advocate Sr 72200 VD(CO) km/15.10. W.P.NO.896 OF 2006 (O.A.NO.4148 OF 2000) https://hcservices.ecourts.gov.in/hcservices/