DR. A. SELVARAJ versus C.B. M. COLLEGE AND ORS.

Citation: [2022] 1 S.C.R. 749 · Decided: 04-03-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Appeal(s) allowed

Judgment (excerpt)

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[2022] 1 S.C.R. 749
749
DR. A. SELVARAJ
v.
C.B. M. COLLEGE AND ORS.
(Civil Appeal No. 1698 of 2022)
MARCH 04, 2022
[M. R. SHAH AND B. V. NAGARATHNA, JJ.]
Retirement dues: Interest on delayed payment of retirement
dues – Delay in payment of retirement dues to the Appellant-Assistant
Professor working in the respondent- college despite various
correspondence and representation – During the pendency of writ
petition, retirement dues were settled – Claim for interest on delayed
payment – Held: As there was delay in making the payment of
retirement benefits and settling the dues for which the appellant
was not at all responsible, he is entitled to the interest on the delayed
payment – Delay/latches.
Allowing the appeal, the Court
HELD: The Division Bench of the High Court had observed
in the impugned judgment and order that the appellant was entitled
to the interest on the delayed payment. However, there was an
inter se dispute between the Secretary, Management and the
Government as to who was responsible for the delay in making
the payment to the appellant and therefore, he was denied the
interest on delayed payment though entitled to. As such pursuant
to the interim order, the Government did conduct an enquiry and
fastened the liability on the college and observed that the former
Secretary was responsible for the delay in disbursal of the terminal
benefits to the original writ petitioner. In that view of the matter,
subject to the further final order that may be passed by the
Government, the College/Management is first liable to pay the
interest on the delayed payment of retirement dues subject to
the final decision, which may be taken by the Government, after
hearing the Management and the former Secretary. However,
because of the inter se dispute between the Management,
Secretary and the Government on who is responsible for the delay
in making the payment and/or settling the dues, the retired
employee should not be made to suffer for no fault of his.
[Para 4][752-C-F]
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SUPREME COURT REPORTS
[2022] 1 S.C.R.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1698
Of 2022.
From the Judgment and Order dated 26.10.2021 of the High Court
of Judicature at Madras in  W. A. No.704 of 2020.
M. Gireesh Kumar, Ankur S. Kulkarni, Ms. Puspita Basak, Advs.
for the Appellant.
P. Wilson, Sr. Adv., G. Sankaran, K. V. Jagdishvaran, Ms. G. Indira,
Ms. Sree Priya, Nishe Rajen Shonker, Ms. Anu K. Joy, Alim Anvar,
Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 26.10.2021passed by the High Court of Judicature at
Madras in Writ Appeal No.704 of 2020 by which the High Court has
disposed of the said appeal without granting any relief which was claimed,
the original appellant has preferred the present appeal.
2. That the appellant herein is a retired Associate Professor of
Chemistry. He retired from the respondent No.1 – C.B.M. College,
Coimbatore w.e.f. 30.06.2011. That the institution in which he was serving
is an aided college. There was a delay in paying the retirement/pensionary
benefits, which was not paid despite various correspondences and the
representations. Ultimately, the appellant was constrained to file the writ
petition before the High Court by way of Writ Petition No.3224 of 2013.
At the time of hearing of the aforesaid writ petition, it was submitted
that during the pendency of the writ petition the entire terminal benefits
have been settled. Therefore, the only issue remained was in respect of
the interest on the delayed payment of pensionary benefits. Therefore, it
was requested on behalf of the appellant before the learned Single Judge
of the High Court that the action be taken against the erring officers for
the delay caused in settling his dues and that he be paid interest on the
delay in payment of retiral benefits. The learned Single Judge disposed
of the writ petition by order dated 15.07.2020 relegating the petitioner –
the appellant to make a representation to the Director of Collegiate
Education to take appropriate action against the erring officers who had
delayed in settlement of the payment in time. The Director of Collegiate
Education was directed to consider the same and pass appropriate order
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in accordance with law after hearing the aggrieved persons as
expeditiously as possible. However, as no order was passed in respect
of the interest on 

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