Retired Officials Association vs State of Tamilnadu

F.M. Ibrahim Kalifulla, J.—In this writ petition, the challenge is to paragraph 6 of G.o.Ms. No. 174 Finance (Pay Cell) Department dated

21.4.1998, wherein, the respondent has directed that the arrears due to the pensioners/family pensioners be calculated for the period between

1.1.1996 and 31.3.1998 after adjusting the third instalment of interim relief paid with effect from 1.4.1996. It was further directed that out of the

said amount, the adhoc arrear payment of Rs. 1,000/- already received by the pensioners/family pensioners should be deducted. Ultimately, it was

then directed that from out of the net arrear amount so arrived at, 20% should be paid in the Financial Year 1998-1999 and another 20% to be

paid during the next Financial Year, while the balance 60% of the arrears should be paid after five years, i.e., in the Financial Year 2003-2004

with interest as admissible to General Provident Fund. It was further stated that the arrears in respect of employees who retired on or after

1.1.1996, who derive fixation of pay and the consequential revision of pay, pension and pensionary benefit up to 31.3.1998 should also be

regulated, as detailed above. The members of the petitioner Association are those who retired between 1.1.1996 and 31.3.1998.

The learned counsel for the petitioner, though attempted to argue as to the correctness of the directions given in paragraph 6 of the impugned

Government Order, since the time fixed for the final payment itself having been reached, I am of the view that no useful purpose will be served by

going into the various contentions as regards the challenge made to the said paragraph. It would be suffice if the respondent is directed to settle the

arrears to be worked out and paid as per paragraph 6 without any further delay, to alleviate the grievances of the petitioner.

At this juncture, the learned counsel for the petitioner states that the members of the petitioner Association were not even paid the first instalment

of 20% or the second instalment of 20% as well as the balance amount of 60%.

In such circumstances, this writ petition is disposed of, directing the respondent to settle the payments of the members of the petitioner

Association who are actually covered by paragraph 6 of the impugned G.O.Ms. No. 174, Finance (Pay Cell) Department dated 21.4.1998 and

when settling their dues as per the said paragraph, shall make whatever payment that is due either it is first instalment of 20% or the second

instalment of 20% as also the final instalment of 60%. If the first and second instalments of 20% each had already been paid, this direction for the

said payment need not be complied with. On the other hand, if the same had not been paid already on the due dates, the respondent shall pay the

same also along with the final instalment of 60% with the admissible interest payable, as directed in the said paragraph 6 of G.O.Ms. No. 174,

Finance (Pay Cell) Department dated 21.4.1998. Such settlement as regards the payment shall be made by the respondent to such of those

members of the petitioner Association within two months from the date of production of a copy of this order.

The writ petition is disposed of accordingly. No costs.