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Tamil Nadu
Commission Chairperson Justice A.S. Venkatachalamoorthy made recommendation The department concerned should pay Rs.3 lakh to the complainant within 10 days CHENNAI: The State Human Rights Commission has recommended to the Tamil Nadu Chief Secretary to direct all departments to give top priority to claims relating to retirement benefits. He should also make it clear that for lapses by the departments, they would be held liable for financial losses that the government may sustain. Further, the government should impress upon the Tamil Nadu Public Service Commission about the grave urgency in the matter and also about the law laid down by the Supreme Court. Commission Chairperson Justice A.S. Venkatachalamoorthy made the recommendation while passing an interim order on a complaint filed by a former forester K. Palanisamy, of Anamalai. When there was nothing against the complainant from August 2001, “it is unfortunate that even nearly after seven years, the complainant has not been given his retirement benefits,” Mr. Justice Venkatachalamoorthy said. The Commission directed the State government to instruct the department concerned to pay Rs.3 lakh to the complainant within 10 days. His retirement benefits should be calculated and paid to him with interest within six weeks. Mr. Palanisamy complained that while working as a forester, Pollachi Division, he was suspended on the last day of his service on October 31, 2000, when he was in the government hospital in The Nilgiris district due to an injury he suffered while on duty. The reason was a criminal case pending against him. The Judicial Magistrate found him guilty, but, on appeal, the Principal District and Sessions Judge acquitted him in August 2001. Following an order of the Tamil Nadu Administrative Tribunal, an enquiry was conducted and the officer concluded that the complainant was not guilty. He wrote more than 20 letters to various authorities, but nothing happened. He had not been paid the terminal benefits. Mr. Palanisamy pleaded he was 65 years old and the matter was kept pending for over seven years by various departments. Mr. Justice Venkatachalamoorthy quoted various rulings of the Supreme Court and said the legal position was that pension and gratuity were no longer any bounty to be distributed by the government to its employees on their retirement but had become, under the decision of courts, valuable rights and property in their hands. Every attempt should be made to see that retirement benefits were made at least on the 60th or 90th day. Any delay beyond that would invite penal interest. The delay in settlement of retirement benefits was frustrating and should be avoided at all costs.
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