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Judgment
M. Venugopal, J.—The petitioner has filed the present writ petition seeking for issuance of an order from this Court directing the
Respondents 1 and 3 to pass orders in regard to the payment of interest at 9% per annum as ordered by the Tamil Nadu Administrative Tribunal in
O.A. No. 2065 of 2004 dated 12.5.2004 for the delay in regard to the payment of petitioner''s terminal benefits with effect from 1.8.1998 and to
disburse the same within the time fixed by this Court. The petitioner joined the Government services as an Attender on 2.7.1962. He was
promoted as an Assistant Revenue Officer and later as Manager of Town Municipality. He had put in more than 36 years of loyal service to the
department. He retired from service on 31.7.1998. Two months prior to his date of retirement, he was dismissed from service on flimsy charges.
Aggrieved against the order of dismissal from service, the petitioner filed O.A. No. 4477 of 1998 on the file of the Tamil Nadu Administrative
Tribunal. On 18.7.2004, the Tribunal allowed the O.A. No. 4477 of 1998, partly, by setting aside the order of dismissal from service and instead,
imposed the punishment of stoppage of increment for three years with cumulative effect. As against the order passed by the Tribunal in O.A. No.
4477 of 1998, the Department preferred W.P. No. 1494 of 2002 and the same was dismissed by this Court on 20.1.2003.
The case of the petitioner is that he was not granted any pensionary benefits and hence, he was perforced to file O.A. No. 2065 of 2004 before
the Tamil Nadu Administrative Tribunal. On 12.5.2004, the Tribunal passed an order directing the Respondents to pay the pensionary benefits
with 9% interest per annum from 1.8.1998 till the date of disbursal. Pension was sanctioned on 31.1.2005. He received the retirement and
pensionary benefits in the month of April 2005. However, the respondents had not paid any interest as directed by the Tribunal in O.A. No. 2065
of 2004.
The Learned counsel for the petitioner urges before this Court that the order passed by the Tribunal in O.A. No. 2065 of 2004 dated
12.5.2004 had become final. As such, the Respondents 1 and 3 are to implement the orders of the Tribunal scrupulously.
That apart, the Learned counsel for the petitioner brings it to the notice of this Court that the petitioner submitted a representation along with the
calculation sheet to the First Respondent on 26.5.2005. On 9.6.2005, the First Respondent sent a letter to the Third Respondent to take
immediate action as regards the payment of interest without any further delay. The petitioner filed W.P. No. 30118 of 2005 and this Court
directed the Respondents to pass orders on merits on or before 31.12.2005.
The First Respondent in his proceedings dated 28.12.2005 had stated that the interest amount would be paid only after obtaining opinion from
the officials and Government Pleader and the other amounts would be paid before 31.1.2006. However, till date, no action was taken in this
regard and the petitioner was not paid the interest amount, as ordered by the Tamil Nadu Administrative Tribunal.
The plea of the petitioner is that the Second Respondent/Financial Authority had directed the Respondents 1 and 3, as per the proceedings
dated 28.4.2006, to sanction and disburse the interest amount. But, the Department had not paid the interest amount without any justification.
The prime contention advanced on behalf of the petitioner is that as against the order dated 12.5.2004 in O.A. No. 2065 of 2004 passed by the
Tamil Nadu Administrative Tribunal, no appeal has been preferred by any of the aggrieved parties and the order in O.A. No. 2065 of 2004 dated
12.5.2004 has become final as on date. Further, it binds inter se parties.
At this juncture, this Court worth recalls the order dated 12.5.2004 in O.A. No. 2065 of 2004 passed by the Tamil Nadu Administrative
Tribunal, Chennai, which inter alia mentioned in paragraph-5 thus:
A direction is given to the respondents to pass necessary consequential orders of retirement etc., send proposals to the Director of Local Fund
Audit and see that the terminal benefits and pension are all sanctioned and disbursed to the applicant within a period of three months from this date.
The respondents shall also pay all the terminal benefits with interest at the rate of 9% per annum from 1.8.1998 till the date of disbursal. The
respondents shall also see that the officer who is responsible for the delay and who is making the Government to pay the excess money by way of
interest, shall be taken to task and dealt with.
It transpires that the petitioner made a representation on 26.5.2005 to the First Respondent claiming an interest at 9% and also claimed a sum
of Rs. 1,98,592/- as per enclosed list (which refers to the claim of interest).
Subsequently, the petitioner filed W.P. No. 30118 of 2005 praying for issuance of a direction by this Court to the First Respondent/The
Commissioner of Municipal Administration, Chennai, to consider and pass orders, on merits, on his representation dated 26.5.2005 regarding
payment of interest at 9% per annum for the delay in regard to the payment of his terminal benefits with effect from 1.8.1998. This Court, on
17.9.2005 in W.P. No. 30118 of 2005, directed the First Respondent/The Commissioner of Municipal Administration, Chennai-5, to consider the
petitioner''s representation dated 26.5.2005 in accordance with law; take a decision thereon and communicate the same to the writ petitioner in
any event not later than 31.12.2005 and disposed of the writ petition.
The petitioner being a successful party in the order dated 12.5.2004 in O.A. No. 2065 of 2004 passed by the Tamil Nadu Administrative
Tribunal and notwithstanding the fact that he knocked the doors of the appropriate Authorities/Respondents, claiming interest in terms of the orders
passed by the Tribunal in O.A. No. 2065 of 2004, dated 12.5.2004, unfortunately, till date he has not succeeded and has not seen the fruits of the
order passed by the Tribunal in his favour in the O.A. No. 2065 of 2004 dated 12.5.2004.
Inasmuch as the order in O.A. No. 2065 of 2004 dated 12.5.2004 passed by the Tamil Nadu Administrative Tribunal, Chennai, has become
final, conclusive and binds inter se parties, this Court on the basis of Equity, Fair Play, Good Conscience and even as a matter of Prudence, directs
the Respondents 1 and 3 to pay the 9% interest per annum as ordered in O.A. No. 2065 of 2004 dated 12.5.2004 by the Tribunal for the delay in
payment of petitioner''s terminal benefits with effect from 1.8.1998 and to disburse the same within a period of four weeks from the date of receipt
of a copy of this order. Viewed in that perspective, the Writ Petition succeeds. In the result, the writ petition is allowed. The Respondents 1 and 3
are directed by this Court to pay the interest at the rate of 9% per annum as per the order dated 12.5.2004 in O.A. No. 2065 of 2004 passed by
the Tamil Nadu Administrative Tribunal in regard to the delayed payment of petitioner''s terminal benefits with effect from 1.8.1998 and to disburse
the same within a period of four weeks from the date of receipt of a copy of this order. This Court opines that the present order passed in this Writ
Petition will be followed scrupulously in true letter and spirit without any deviation from any quarters, whatsoever. No costs.