The Original Application in O.A.No.5274 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as "the Tribunal") is now Writ Petition in W.P.No.6918 of 2007 before this Court.
2. Heard Mr.G.Bala, learned counsel for the petitioner and Mr.S.N.Kribanandam, learned Additional Government Pleader (Forests) for the respondents.
3. The petitioner joined the Forest Service as Forester on 18.02.1971. He was promoted as Ranger on 10.02.1993. He retired from service on reaching the age of superannuation on 30.09.2001.
4. The pay was revised with effect from 01.06.1988 pursuant to the recommendations of the V Pay Commission, to all the Government employees. The benefits of revision for the period 01.06.1988 to 31.03.1989 has to be credited in the General Provident Fund, as per the directions of the Government issued on 30.07.1990, while implementing the recommendations of the V Pay Commission. In his case, the same did not happen. He made representations dated 06.06.1992, 02.07.1994, 21.05.1995 and 15.11.2000 requesting the third respondent through the Divisional Forest Officer, Karur to take necessary action for crediting the arrears of salary payable to him pursuant to the revision in pay given, as per the recommendations of the V Pay Commission. Only after retirement, an order dated 28.06.2002 was passed by the third respondent paying Rs.4,822.00 by way of a cheque No.186841 dated 19.06.2002. The said amount of Rs.4,822.00 was worked-out, as per the worksheet enclosed with another order dated 18.02.2002 of the third respondent addressed to the Chief Conservator of Forest and a copy of the same was furnished to the petitioner. As per the worksheet, Rs.5673.00 is payable towards the benefits pursuant to revision in pay as per the recommendations of V Pay Commission, for the period 01.06.1988 to 31.03.1999. However, 15% of Rs.5673.00 was deducted, as per the worksheet. That is, Rs.851.00 was deducted and Rs.4822.00 was arrived at as the amount payable to petitioner. In the said order, dated 18.02.2002, it is stated that the deduction of 15% was effected pursuant to the instructions found in the Tamil Nadu Financial Code Volume No.1,
Article 54 and Rule 3.
5. Therefore, the grievance of the petitioner is that while he is entitled, had it been credited to General Provident Fund, interest for the amount, the same was denied to him. Adding insult to injury, he further suffered 15% deduction on his salary entitlement. Hence, the petitioner filed O.A.No.5274 of 2002 (W.P.No.6918 of 2007) praying for interest for the belated payment on arrears of salary of Rs.5,673.00 at 18% from 30.07.1990 till 08.07.2002, the date of payment and also for a direction to refund 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 from 01.06.1988 to 31.03.1989 was not credited to his General Provident Fund account of the petitioner, in spite of his representations dated 06.06.1992, 02.07.1994 and 21.05.1995. The Divisional Forest Officer, Karur, sent a letter on 31.07.2002 to the petitioner stating that the said representations dated 06.06.1992, 02.07.1994, 21.05.1995 were sent to the third respondent for his further action as and when those letters were received by him. Even without submitting any letter for requesting the concerned authorities to remit the arrears of the salary in the General Provident Fund account, it is the bounden duty of the concerned authorities to credit the arrears of salary in the General Provident Fund account as per the directions issued by the Government, since the Government issued a general direction in respect of all the Government employees to credit the arrears of salary in the General Provident Fund account. But unfortunately, the third respondent stated as if the petitioner slept over the matter and made representations after 10 years for arrears of salary payable pursuant to revision of pay given from 01.06.1988, as per the recommendations of the V Pay Commission. Since the petitioner made representations after 10 years, the third respondent stated that 15% of the arrears of salary would be recovered. Accordingly, when the arrears of salary at Rs.5673.00 was arrived, 15% of the same at Rs.851.00 was deducted and only Rs.4822.00 was given to the petitioner.
7. Though the records make it very clear that the petitioner made representations, as admitted by the Divisional Forest Officer, Karur, the third respondent, proceeded to effect recovery at 15% from the arrears of salary on the ground that he made a claim for arrears of salary after 15 years. Hence the recovery is bad and illegal. Furthermore, it is also admitted that the arrears of salary ought to have been credited in the General Provident Fund account of the petitioner. Had the amount been credited in General Provident Fund, automatically, the amount would have earned interest. As per G.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 filed along with this petition, interest at the rate of 12% is payable to the 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 to 31.03.1989 payable pursuant to the revision in pay as per the V Pay Commission recommendations, for the period 30.07.1990 to 08.07.2002, the date of payment. Since the deduction of 15% from the arrears of salary is arbitrary and violative of
Article 14 of the Constitution of India, the petitioner is also entitled to get the refund of the said amount of Rs.851.00.
8. For the aforesaid reasons, a direction is hereby issued to the first respondent to grant 12% interest on the belated payment on arrears of salary of 5673.00, for the period 30.07.1990 to 08.07.2002 and also to refund Rs.851.00 that was recovered from the arrears of salary, for the alleged belated claim, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the above writ petition is disposed of. No costs.
rns To
1. The Secretary to Government Forest & Environment Department Fort St. George Chennai 600 009
2. Principal Chief Conservator of Forest Panagal Building Saidapet Chennai 600 015
3. District Forest Officer Trichy Division Mannarpuram Trichy 620 020