MADURAI: The Madras high court Madurai bench has directed the accountant general and director of co-operative audit, to disburse terminal benefits and monthly pension due to a government servant, six years after his retirement.
T Thangaraj of Madurai, worked as junior inspector of co-operative audit office and retired on November 30, 2009. But, his employer did not send his pension proposal to the accountant general on account of excess salary paid to him. Though he had taken the issue with the concerned officials, there was no response.
Thus, he filed a case seeking direction to the respondents to disburse the retirement benefits with 18% interest from the date of his retirement.
The co-operative side submitted a counter justifying its action and said the petitioner, while in service, was paid higher wages to the tune of Rs 2.01 lakh, which he was not eligible, and thus, his retirement benefits and pension was withheld till the remittance of that amount.
After hearing, justice S Vaidyanathan said, "As per the provisions of the Tamil Nadu Pension Rules, every government servant should submit an application for pension at least one year in advance of the date of his anticipated retirement, whereas in this case the petitioner submitted it only during the month of his superannuation. Hence, the officials could not be blamed for any delay in arriving at the amount."
At the same time, for no fault of the petitioner for wrong fixation of his pay, the petitioner alone could not be proceeded with in ordering recovery of the excess amount, when the respondents had not reserved their rights to do so at the time of granting higher pay. Hence, no recovery could be effected from the petitioner. The respondents are directed to release the gratuity amount due to him, the judge said.
Besides, even though there is a statutory duty cast on the employer to pay the amount together with interest, the petitioner is entitled to interest on gratuity at 9% per annum and to 6% on the arrears of pension benefits, if any. If the amount is not paid within two months, he will be entitled to 15% interest on the gratuity and pension arrears, the judge said.
T Thangaraj of Madurai, worked as junior inspector of co-operative audit office and retired on November 30, 2009. But, his employer did not send his pension proposal to the accountant general on account of excess salary paid to him. Though he had taken the issue with the concerned officials, there was no response.
Thus, he filed a case seeking direction to the respondents to disburse the retirement benefits with 18% interest from the date of his retirement.
The co-operative side submitted a counter justifying its action and said the petitioner, while in service, was paid higher wages to the tune of Rs 2.01 lakh, which he was not eligible, and thus, his retirement benefits and pension was withheld till the remittance of that amount.
After hearing, justice S Vaidyanathan said, "As per the provisions of the Tamil Nadu Pension Rules, every government servant should submit an application for pension at least one year in advance of the date of his anticipated retirement, whereas in this case the petitioner submitted it only during the month of his superannuation. Hence, the officials could not be blamed for any delay in arriving at the amount."
At the same time, for no fault of the petitioner for wrong fixation of his pay, the petitioner alone could not be proceeded with in ordering recovery of the excess amount, when the respondents had not reserved their rights to do so at the time of granting higher pay. Hence, no recovery could be effected from the petitioner. The respondents are directed to release the gratuity amount due to him, the judge said.
Besides, even though there is a statutory duty cast on the employer to pay the amount together with interest, the petitioner is entitled to interest on gratuity at 9% per annum and to 6% on the arrears of pension benefits, if any. If the amount is not paid within two months, he will be entitled to 15% interest on the gratuity and pension arrears, the judge said.
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