IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 14-07-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.31188 of 2006 (O.A.No.3998 of 1996) P.Varadharajan .. Petitioner. Versus 1.The Director, O/o.The Director of Public Health and Preventive Medicine, 259, Anna Salai, Madras-6. 2.The Deputy Director, Health Services, Thillai Nagar, Trichy. 3.Medical Officer, Government Primary Health Centre, Karai, Perambalur (via), Padalur, Trichy District. .. Respondents. Prayer: This petition has been filed seeking for a writ of Mandamus, to direct the respondents to pay interest at the rate of 12% on the delayed payment of DCRG, Family Benefit Fund and other Rational dues. For Petitioner : Mr.T.Aananthi For Respondents : Mr.T.Seenivasan Additional Government Pleader O R D E R
Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
2. The petitioner has stated that he is the legal heir of one Angammal, who had died in harness, on 13.3.92, while she was working as a Maternity Health Assistant. In spite of the repeated requests made by the petitioner, he has not been paid the Death-cum-Retirement Gratuity, the terminal benefits, medical allowances and the other pensionary benefits due to the petitioner. Therefore, the petitioner had filed an original application before the Tamilnadu Administrative Tribunal in O.A.No.4865 of 1995. The Tribunal had issued a direction to the respondents to disburse the terminal benefits due to the deceased Government servant, and the family pension to the legal heir of the deceased Government servant as per the rules applicable to the case. However, the respondents had not obeyed the directions issued by the Tribunal. Therefore, the petitioner had submitted a representation, dated 30.8.95. Since, there was no reply from the respondents, he had filed a contempt application in Contempt Application No.567 of 1995, on 16.11.1995. After a notice had been issued in the contempt application, 50% of the pensionary benefits and the arrears were disbursed to the petitioner. In such circumstances, the petitioner has filed an original application before the Tamilnadu Administrative Tribunal in O.A.No.3998 of 1996, which has been transferred to this Court and re-numbered as W.P.No.31188 of 2006.
3. No reply affidavit has been filed on behalf of the respondents. Further, the learned counsel appearing on behalf of the respondents has not produced any record before this Court to show that the claims made by the petitioner are unsustainable and devoid of merits.
4. On the other hand, the learned counsel appearing on behalf of the petitioner had placed before this Court, the Government Orders in G.O.Ms.No.527, Finance (Pension) Department, dated 15.6.87 and G.O.Ms.No.122 Finance (Pension) Department, dated 20.2.95, regarding the payment of interest on delayed payment of Death-cum-Retirement Gratuity, in support of his contentions.
5. In view of the submissions made by the learned counsels appearing for the petitioner, this Court is of the considered view that the writ petition is to be allowed, since there is an undue delay in the payment of the retiral benefits due to the petitioner. From the records available it is noted that 50% of the amounts due to the petitioner have been disbursed after the Tribunal was pleased to issue notice to the respondents in contempt application No.567 of 1995. However, the learned counsel appearing on behalf of the respondents have not been in a position to show sufficient reasons for the delay in payment of the remaining amounts of retiral benefits due to the petitioner.
6. In such circumstances, this Court is of the considered view that it would serve the ends of justice, if the respondents are directed to pay the retiral benefits due to the petitioner, as prayed for in the writ petition, along with 12% interest per annum, from the date on which the amounts became due, till the date of their actual payment, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is ordered accordingly. No costs.
csh
To
1.The Director,
O/o.The Director of Public
Health and Preventive Medicine,
259, Anna Salai, Madras-6.
2.The Deputy Director,
Health Services, Thillai Nagar,
Trichy.
3.Medical Officer,
Government Primary Health Centre,
Karai, Perambalur (via),
Padalur,
Trichy District