G SAKKARAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed for a direction against the respondents to pay the terminal benefits, including pay fixation arrears, pension etc., with interest at the rate of 10% per annum from 1.12.2007.

(2.) The petitioner who was originally appointed as Assistant Agricultural Officer under the third respondent, was subsequently promoted as Agricultural Officer as per the order of the second respondent dated 11.04.2002. He was also granted selection grade in the post of Agricultural Officer. After completion of 15 years of service in the cadre of Agricultural Officer, on the basis of an application for voluntary retirement, the petitioner was relieved on 30.11.2007. The second respondent has sanctioned various leave benefits to the petitioner between 04.04.2005 and 30.09.2005 and between 01.10.2005 and 13.12.2005. After retirement, the leave salary for the Earned Leave sanctioned, as referred to above, has been paid to him. The said amount was due and payable as on 31.12.2005, but however, it was paid only on 12.05.2009, i.e. after three years and five months. The petitioner has submitted the pension proposals along with the required particulars, as required by the third respondent. Except the encashment of earned leave benefit, the petitioner has not been paid the Pension, Death cum Retirement Gratuity, Commutation, Special Provident Fund-cum- Gratuity for the years 1984 and 2000, GPF and arrears of pension from 01.12.2007. In these circumstances, the present writ petition has been filed by the petitioner.

(3.) It is stated that by the proceeding dated 10.09.2009 of the third respondent, after the petitioner was allowed to retire in November 2007 itself, the second respondent has fixed the various benefits due to the petitioner as stated above. As per the said proceeding of the third respondent, in accordance with the Appendix annexed therewith, the amount due to the petitioner has been quantified, but the same has not been paid even as on date.