The Secretary To Government Of Tamilnadu v. S.Paramaguru

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD) No.2331 of 2020 1.The Secretary to Government of Tamil Nadu School Education Department Secretariat, Chennai 2.The Director of School Education College Road, Chennai-600 006 3.The Chief Educational Officer Trichy District ... Appellants -vsS.Paramaguru ... Respondent Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 20.12.2019, passed in W.P.(MD) No.27131 of 2019, on the file of this Court.

For Appellants :

Mr.J.Ashok Additional Government Pleader For Respondent :

Mr.P.Ganapathi Subramanian

J U D G M E N T

[Judgment of the Court was made by S.M.SUBRAMANIAM, J.] The respondent instituted the writ proceedings seeking a writ of mandamus directing the appellants herein to pay interest for the delayed payment of retirement benefits at the rate of 12% per annun.

2. The Writ Court, by the impugned order dated 20.12.2019, disposed of the writ petition by directing the appellants herein to pay interest at the rate of 12% per annum for the delayed payment of retirement benefits in accordance with the restrictions imposed under Section 45-A of the Tamil Nadu Pension Rules, 1978.

3. Payment of interest is applicable to certain heads only and it is not applicable to all the pensionary benefits. Thus, the competent authorities are bound to ensure that interest on belated payments is paid strictly in accordance with Rule 45-A of the Tamil Nadu Pension Rules, 1978, and accordingly, interest is to be paid to the gratuity amount and other amounts, as stated under the relevant Government Orders in force.

4. In view of the fact that the Writ Court has granted 12% interest for the belated payment of retirement benefits, this Court is inclined to interfere with the order passed by the Writ Court.

5. Accordingly, the writ order, dated 20.12.2019, passed in W.P. (MD) No.27131 of 2019, is set aside. The appellants are directed to settle interest for the belated payment for the heads as stipulated under Rule 45-A of the Tamil Nadu Pension Rules, 1978, to the respondent, as expeditiously as possible.

6. With the above modification to the writ order, this writ appeal is allowed in part. No costs. Consequently, connected miscellaneous petition is closed.

[S.M.S., J.] [A.D.M.C., J.] 23.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Secretary to Government of Tamil Nadu, School Education Department, Secretariat, Chennai.

2.The Director of School Education, College Road, Chennai-600 006.

3.The Chief Educational Officer, Trichy District.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk and C.M.P.(MD) No.2331 of 2020 23.06.2025