Thiru. S. Arjunan vs The Secretary to Government, Handlooms, Handicarfts, Textiles and Khadi Department and The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board

T. Raja, J.—The Petitioner-S. Arjunan has filed the present writ petition seeking issuance of writ of mandamus directing the 2nd Respondent to disburse the retirement benefits due to the Petitioner within a stipulated time.

Learned Counsel appearing for the Petitioner submitted that the Petitioner served with the 2nd Respondent Board till the date of his retirement. On reaching the age of superannuation on 30.04.2004, the 2nd Respondent, in his proceedings No. Rc.14179/E1(1) 2004-1, dated 30.04.2004, permitted the Petitioner to retire from the Board Service, without prejudice to the disciplinary proceedings, pending disposal, by withholding all the pensionary benefits. However, final order came to be passed on the disciplinary proceedings in G.O.(Ms). No. 29, Handlooms, Handicrafts, Textiles and Khadi Department, dated 28.02.2005 by the 1st Respondent, imposing a punishment of recovery of Rs. 1,75,658/- and stoppage of increment for a period of three years without cumulative effect. The said order was served upon the Petitioner. Though the Petitioner, thereafter, waiting for the 2nd Respondent to settle the pensionary benefits, that had been withheld, till date the 2nd Respondent has not come forward to settle the retirement benefits of the Petitioner. Therefore, when a representation was given to the 2nd Respondent on 19.04.2008 stating that he had already retired from service on 30.04.2004, therefore, his retirement benefits should have been settled and with a further request to retain Rs. 1,75,658/- and disburse the balance amount due to him at the earliest, but, till date, there is no response from the Respondents. In view of inaction on the part of the Respondents, the Petitioner has filed the present writ petition with the aforesaid prayer.

Learned Counsel appearing for the Respondents has made an attempt to justify the inaction shown by the Respondents but the reason for non payment of the Petitioner''s retirement benefits from the date of his retirement till 2001, cannot be found reasonable. Further, he has submitted that the Audit Department has to submit a report clearing the way for settling the retirement benefits.

Be that as it may, since the Petitioner had retired from service way back in the year 2004 and subsequently, disciplinary proceedings against the Petitioner also came to be ended, the Respondents Board should have disbursed the retirement benefits due to him by completing all the formalities, but, as they have not done so, this Court directs the 2nd Respondent to take all the steps to clear the ways including the audit department verification and release the retirement benefits due to the Petitioner within a period of five weeks from the date of receipt of a copy this order.

With the above direction, the present writ petition is allowed. No Costs.