ASHWIN D.BHOBE,J. - (1.)Rule. Rule made returnable forthwith and heard finally by consent of the parties.
(2.)Petitioner, a widow is before this Court seeking release of the retiral dues/arrears of family pension payable to her late husband Shri. Shanmugam M. Pillay.
(3.)Factual Matrix:-
(a) Shri. Shanmugam M. Pillai (S.M. Pillay), late husband of Petitioner, was an employee of the Respondent No.2, having joined service on 5/5/1970. He was promoted to the post of Chief Revenue, Superintendent of Respondent No.2 in the year 2004. He was to retire on 31/1/2007 upon attaining the age of superannuation.

(b) On 22/1/2007, ten (10) days prior to his superannuation, Mr. S.M. Pillay was placed under suspension.

(c) On 5/2/2007, after four days from S.M. Pillay having retired from service, Respondent No.2 issued a charge memo under Rule 11 of Cantonment Fund Servant Rules, 1937 (said Rules).

(d) Pursuant to the charge memo, inquiry proceedings commenced and culminated on 30/9/2008 by imposition of major penalty of removal from service, with retrospective effect from 22/1/2007, i.e. the date of suspension.

(e) Appeal filed by S.M. Pillay against the order dtd. 30/9/2008 was dismissed by the Appellate Authority, vide rejection order dtd. 9/1/2013.

(f) Dissatisfied with the rejection order dtd. 9/1/2013, S.M. Pillay on 31/1/2013, filed revision application under Rule 20(1) of the said Rule.

(g) S.M. Pillay passed away on 12/2/2022.

(h) Reviewing Authority by order dtd. 9/5/2023 set aside the rejection order dtd. 9/1/2013 as well as the order dtd. 30/9/2008, "on account of procedural irregularities". The proceedings were also ordered to have abated.

(i) Respondent No.2 commenced family pension @ Rs.19,095.00 per month w.e.f. May, 2023. Pension arrears from 1/2/2007 till 12/2/2022 and family pension from 13/2/2022 was paid to the Petitioner on 13/10/2023.

(j) Grievance of the Petitioner-widow is that the payment of retirement benefits and pension of S.M. Pillay being paid belatedly/delayed by the Respondent No.2, the Petitioner is entitled to interest on the amount of gratuity, pension and the other retiral benefits. Petitioner has sought for the following prayers:

A. That the Honourable High Court may please issue appropriate Writ or order or direction under Article 226 of the Constitution of India to the Respondent No. 2 to pay the petitioner within four weeks the balance of following retiral dues/ arrears of her husband late S.M. Pillay and her own family pension dues with interest;

(i) Pay Rs.48,06,656.00 as 18 per cent per annum interest on pension/family pension which has fallen due from 28 th February 2007 and each month thereafter until 12/10/2023;

(ii) Pay Rs.3,20,359.00 as 18 per cent per annum interest on Rs.1,90,690.00 paid on 3/5/2016 as Encashment of Earned Leave where as it was due on 31-1- 2007;

(iii) Pay balance of pay and allowances for the period 22/1/2007 to 31/1/2007 over and above the subsistence allowance already paid along with 18 per cent per annum interest with effect from 1/2/2007 till the date of payment.

(iv) Pay balance of gratuity along with 18 per cent interest till the date of actual payment.

B. Award costs for the delay and mental agony caused to the Petitioner and her deceased husband for the past 16 years."