High Court · 2009

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15.09.2009CORAM:THE HON'BLE MR.JUSTICE D.HARIPARANTHAMANW.P.NO.6918 OF 2007(T)(O.A.No.5274/02)A.Sithan...Petitioner Vs.1. The Secretary to Government Forest & Environment Department Fort St. George Chennai 600 0092. Principal Chief Conservator of Forest Panagal Building Saidapet Chennai 600 0153. District Forest Officer Trichy Division Mannarpuram Trichy 620 020...RespondentsPRAYER: This Writ Petition came to be numbered under Article 226 ofthe Constitution of India for issuance of writ of Mandamus by way oftransfer of O.A.No.5274 of 2002, to pay compound interest at the rateof 18% p.a on the delayed payment of arrears of salary of Rs.5673.00with effect from 30.07.1990 till 08.07.2002 and direct therespondents to refund the 15% of recovery made from the petitioner'sarrears of salary; to disburse adequate compensation and litigationcost.For Petitioner :Mr.G.BalaFor Respondents :Mr.S.N.Kribanandam (R-1 to R-3)Special Government Pleader (Forests)O R D E RThe Original Application in O.A.No.5274 of 2002 before the https://hcservices.ecourts.gov.in/hcservices/ Tamil Nadu Administrative Tribunal (hereinafter referred to as "theTribunal") is now Writ Petition in W.P.No.6918 of 2007 before thisCourt.2. Heard Mr.G.Bala, learned counsel for the petitioner andMr.S.N.Kribanandam, learned Additional Government Pleader (Forests)for the respondents.3. The petitioner joined the Forest Service as Forester on18.02.1971. He was promoted as Ranger on 10.02.1993. He retired fromservice on reaching the age of superannuation on 30.09.2001.4. The pay was revised with effect from 01.06.1988 pursuantto the recommendations of the V Pay Commission, to all the Governmentemployees. The benefits of revision for the period 01.06.1988 to31.03.1989 has to be credited in the General Provident Fund, as perthe directions of the Government issued on 30.07.1990, whileimplementing the recommendations of the V Pay Commission. In hiscase, the same did not happen. He made representations dated06.06.1992, 02.07.1994, 21.05.1995 and 15.11.2000 requesting thethird respondent through the Divisional Forest Officer, Karur to takenecessary action for crediting the arrears of salary payable to himpursuant to the revision in pay given, as per the recommendations ofthe V Pay Commission. Only after retirement, an order dated28.06.2002 was passed by the third respondent paying Rs.4,822.00 byway of a cheque No.186841 dated 19.06.2002. The said amount ofRs.4,822.00 was worked-out, as per the worksheet enclosed withanother order dated 18.02.2002 of the third respondent addressed tothe Chief Conservator of Forest and a copy of the same was furnishedto the petitioner. As per the worksheet, Rs.5673.00 is payabletowards the benefits pursuant to revision in pay as per therecommendations of V Pay Commission, for the period 01.06.1988 to31.03.1999. However, 15% of Rs.5673.00 was deducted, as per theworksheet. That is, Rs.851.00 was deducted and Rs.4822.00 was arrivedat as the amount payable to petitioner. In the said order, dated18.02.2002, it is stated that the deduction of 15% was effectedpursuant to the instructions found in the Tamil Nadu Financial CodeVolume No.1, Article 54 and Rule 3.5. Therefore, the grievance of the petitioner is that whilehe is entitled, had it been credited to General Provident Fund,interest for the amount, the same was denied to him. Adding insultto injury, he further suffered 15% deduction on his salaryentitlement. Hence, the petitioner filed O.A.No.5274 of 2002(W.P.No.6918 of 2007) praying for interest for the belated payment onarrears of salary of Rs.5,673.00 at 18% from 30.07.1990 till08.07.2002, the date of payment and also for a direction to refund https://hcservices.ecourts.gov.in/hcservices/ the 15% of deduction made from the arrears of salary of Rs.5,673.00.6. It is an admitted fact that the arrears of salary from01.06.1988 to 31.03.1989 was not credited to his General ProvidentFund account of the petitioner, in spite of his representations dated06.06.1992, 02.07.1994 and 21.05.1995. The Divisional Forest Officer,Karur, sent a letter on 31.07.2002 to the petitioner stating that thesaid representations dated 06.06.1992, 02.07.1994, 21.05.1995 weresent to the third respondent for his further action as and when thoseletters were received by him. Even without submitting any letter forrequesting the concerned authorities to remit the arrears of thesalary in the General Provident Fund account, it is the bounden dutyof the concerned authorities to credit the arrears of salary in theGeneral Provident Fund account as per the directions issued by theGovernment, since the Government issued a general direction inrespect of all the Government employees to credit the arrears ofsalary in the General Provident Fund account. But unfortunately, thethird respondent stated as if the petitioner slept over the matterand made representations after 10 years for arrears of salary payablepursuant to revision of pay given from 01.06.1988, as per therecommendations of the V Pay Commission. Since the petitioner maderepresentations after 10 years, the third respondent stated that 15%of the arrears of salary would be recovered. Accordingly, when thearrears of salary at Rs.5673.00 was arrived, 15% of the same atRs.851.00 was deducted and only Rs.4822.00 was given to thepetitioner.7. Though the records make it very clear that thepetitioner made representations, as admitted by the Divisional ForestOfficer, Karur, the third respondent, proceeded to effect recovery at15% from the arrears of salary on the ground that he made a claim forarrears of salary after 15 years. Hence the recovery is bad andillegal. Furthermore, it is also admitted that the arrears of salaryought to have been credited in the General Provident Fund account ofthe petitioner. Had the amount been credited in General ProvidentFund, automatically, the amount would have earned interest. As perG.O.Ms.No.165, Finance (Allowances) Department, dated 22.04.1999,which is enclosed at the page No.12 of the typed-set of papers filedalong with this petition, interest at the rate of 12% is payable tothe accumulations of the amounts in the General Provident Fund.Hence, the petitioner is entitled to 12% interest for Rs.5673.00,representing the arrears of salary for the period 01.06.1988 to31.03.1989 payable pursuant to the revision in pay as per the V PayCommission recommendations, for the period 30.07.1990 to 08.07.2002,the date of payment. Since the deduction of 15% from the arrears ofsalary is arbitrary and violative of Article 14 of the Constitutionof India, the petitioner is also entitled to get the refund of the https://hcservices.ecourts.gov.in/hcservices/ said amount of Rs.851.00. 8. For the aforesaid reasons, a direction is hereby issuedto the first respondent to grant 12% interest on the belated paymenton arrears of salary of 5673.00, for the period 30.07.1990 to08.07.2002 and also to refund Rs.851.00 that was recovered from thearrears of salary, for the alleged belated claim, within a period ofeight weeks from the date of receipt of a copy of this order.Accordingly, the above writ petition is disposed of. No costs.Sd/Asst.Registrar/true copy/Sub Asst.RegistrarrnsTo1. The Secretary to Government Forest & Environment Department Fort St. George Chennai 600 0092. The Principal Chief Conservator of Forest Panagal Building Saidapet Chennai 600 0153. The District Forest Officer Trichy Division Mannarpuram Trichy 620 020.1 cc To Mr.G.Bala & Daisy, Advocate, SR.47131W.P.NO.6918 of 2007ng(co)pmk.29.9.2009