Challenging the order of the 2nd respondent in C.No.E11/6077/2003 dated 18.12.2008 and for a consequential direction to pay the interest at the rate of 18% for the delayed payment of the arrears of salary and other allowance for the period of dismissal from service., ie., from 08.12.2004 to 24.12.2005, the petitioner is before this Court.
2. The case of the petitioner is that he was appointed as a Junior Assistant on compassionate ground on 08.06.1982, on the death of his father in the year 1981. While so, pursuant to the criminal case registered against the petitioner in Crime No.230 of 2002 on the file of the Perumalpuram Police Station, after full fledged trial, the petitioner was convicted by the Judicial Magistrate, Tirunelveli, in C.C.No.64 of 2003, on 26.02.2004. As against which, the petitioner has filed criminal appeal before the Principal Sessions Judge in CA No.63 of 2004, and by judgment dated 29.07.2005, the criminal appeal was allowed and the conviction and sentence were set aside. After getting acquittal in the criminal case, the petitioner submitted a representation dated 23.08.2005 before the Principal Chief Conservator of Forests, Chennai, and to the first respondent on 16.09.2005 requesting them to reinstate him in service. The first respondent also vide proceedings dated 07.11.2005 cancelled the order of dismissal from service without making any order to regularise the period of dismissal. Pursuant to the cancellation/setting aside of the order of dismissal, the petitioner made representation to the Principal Chief Conservator of Forest on 12.11.2005 requesting for posting order and thereafter, the petitioner was posted at Dindigul circle. However, after the reinstatement in service, the petitioner made representations to the respondents 1 and 2 to regularise the period of dismissal and for monetary benefits as per Rule 54(9) of Fundamental Rules. The first respondent, in turn, passed an order stating that the 2nd respondent would consider the disbursement of monetary benefits. However, since the same has not been considered, the petitioner filed writ petition before this Court in W.P.(MD) No.1306/2007 and this Court allowed the said writ petition by directing the respondents to give consequential benefits to the petitioner within six weeks from the date of receipt of a copy of the order.
3. Pursuant to the order passed in the said writ petition, the first respondent by proceedings, dated 17.11.2008, treated the period of dismissal from service as duty period and the 2nd respondent has also paid the amount, however, without interest. Hence, claiming interest, the petitioner made a representation to the respondents. Since the same was not considered, he is before this Court with this writ petition.
4. When the matter was taken up for consideration, the learned counsel for the petitioner made a detailed submission adverting to the submissions made in the affidavit.
5. On the contrary, the learned Additional Government Pleader submitted that the duty period from 08.12.2004 to 24.12.2005 was regularised by the Chief Conservator of Forest and Field Director and salary has also been paid for the said period. However, it is submitted that the petitioner is not entitled for 18% interest, as claimed. He further submitted that there is no rule to pay interest.
6. Irrespective of the submission made by the learned counsel for the petitioner, in the earlier petition filed by the petitioner, he made a prayer to direct the respondents to regularise the period from the date of dismissal till the date of reinstatement and disburse the monetary benefits for the said period with interest at 18% and the said writ petition was allowed as prayed for and as against which, no appeal has been filed by the respondent authorities and no clarification has also been sought for in the said writ petition. The petitioner's service was regularised only on 17.11.2008 and there was a delay of three years. Therefore, as per the earlier order, the petitioner is entitled for interest. Hence, the respondents are directed to pay interest at the rate of 18% for the delayed payment within a period of eight weeks from the date of receipt of a copy of this order.
7. With the above direction, the writ petition is disposed of. No costs.
To
1.The Field Director and Conservator of Forests, Project Tiger, Tirunelveli.
2.The Divisional Forest Officer, Social Forestry Division, Tirunelveli .