WP/16822/2024 of PATGUNAN Vs THE PREINCIPAL CHIEF CONSERVATOR on 21 September 2026

ORDER

The present writ petition has been filed for a direction to the first respondent to consider the petitioner’s representation dated 20.05.2024 and to pay interest at 24% per annum from the date of his superannuation for the belated disbursement of his retirement benefits.

2. Heard both sides and perused the materials available on record.

3. As per the order, dated 17.05.2024, issued by the Principal Chief Conservator of Forests (Head of Forest Force), Chennai, upon restoration of seniority on various dates as per the petitioner’s entitlement, the arrears of the respective amounts from the date of superannuation of the petitioner were calculated and the same were settled on various dates. Though the amounts have been calculated and paid to the petitioner on various dates, however, for the purpose of uniformity for calculating the interest that is payable on the said

WP No. 16822 of 2024 amounts, this Court fixes 13.01.2022 as the outer limit for calculating interest on the belated payment.

4. For clarity, the arrears that were paid to the petitioner on various dates, as shown in the settlement order, are extracted below: Sl. No. Amount received Item Date on which received

Rs.3,85,655 Encashment of Earned Leave of 240 days/90 days of un-earned leave on private affairs (2,88,664/- + 96991/- ) in the post of Assistant 13.01.2022

1,13,300 Encashment of Earned Leave of 240 days / 90 days of un-earned leave on private affairs (2,88,664/- + 96991/-) in the post of Superintendent 21.06.2022

1,70,573 Arrears of pay due to the restoration of seniority 12.05.2022

96,136 Encashment of Earned Leave of 240 days in the revised pay as per the Pay Commission Report

21.06.2023

32,302 Encashment of Un-earned leave on Private affairs (90 days) as per the Pay Commission Report 2017 21.06.2023

55,163 Arrears of pay due to the restoration of seniority revised as per PCCF’s Proceedings No.M1/39378/2017, dt.31.01.2023 23.06.2023

5. The respondents in their counter affidavit, have submitted that the interest @ 12% may be given to the petitioner, and it was further clarified by the respondents that the administrative delay until 2018, was the reason for the delayed payment, as such delay had occurred due to administrative reasons and, thereafter, the amounts due to the petitioner, were settled during the year 2022- 2023 itself.

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6. It is the admitted position that the amounts due and payable to the petitioner, have already been paid. However, the petitioner retired on 30.6.2016, but the amounts were paid belatedly, for which interest is sought. The administrative delay cannot be put against the petitioner and necessarily, the petitioner is entitled to nominal interest for the delayed payment.

7. In such view of the matter, this Writ Petition is disposed of, with a direction to the respondents to calculate the interest at 6% per annum, from 30.06.2016 to 13.01.2022 and pay the same to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the respondents are at liberty to recover the amount paid towards interest @ 6% from the respective employees who were responsible for the said delay.

8. There shall be no order as to costs. 21-09-2026 Index: Yes/No Speaking Order: Yes/no Neutral Citation: Yes/No cs To

1. The Principal Chief Conservator of Forests, (Head of Forest Force), Forest Headquarters, Guindy-Velachery Main Road, Chennai-600 032.

WP No. 16822 of 2024

2. The Principal Chief Conservator Of Forests, (Administration) Forest Headquarters, Guindy-Velachery Main Road, Chennai-600 032.

3. The Deputy Conservator of Forests (Human Resource Development), O/o.The Principal Chief Conservator Of Forests, Forest Headquarters, Guindy-Velachery Main Road, Chennai-600 032.

WP No. 16822 of 2024 C.KUMARAPPAN, J. CS WP No. 16822 of 2024 21-09-2026