Mathias v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Mathias ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Fort St.George, Chennai-600009.

2.The Accountant General, Office of the Accountant General, 261, Anna Salai, Chennai-600018.

3.The Commissioner, Government Data Centre, Anna University Campus, Gandhi Mandapam Road, Chennai-600028.

4.The Director of Elementary Education, College Road, Chennai-600 006.

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5.The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

6.The Additional Assistant Elementary Educational Officer, Cheramahadevi, Tirunelveli District.

7.The Head Master, Government Higher Secondary School, Pottal, Cheranmahadevi Union, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorarified Mandamus, calling for the records relating to the impugned order of the sixth respondent in Na.Ka.No/Aa 2/2021 dated 21.06.2021 and quash the same and consequently direct the sixth respondent to disburse the eligible interest amount from the period of 23.02.1990 to 04.05.2016 for the missing fund credited in the deceased petitioner's TPF account from 23.02.1990 up to 04.08.1996, which was already transferred in the deceased petitioner's GPF account No.EDN 135544 on 04.05.2016 from the deceased petitioner's TPF account No. 567592. For Petitioner : Mr.R.Russel Raj For R-1, R-3 to R-7 : Mr.S.Shaji Bino, Special Government Pleader For R-2 : Mr.P.Gunasekaran, Standing Counsel 2/6

O R D E R

This writ petition has been filed challenging the impugned order dated 21.06.2021 passed by the sixth respondent, rejecting the request of the petitioner's wife to pay interest for the period beyond July 1996 till 04.05.2016 in respect of the missing credit in the TPF account of the petitioner's wife Anbin Jothi.

2. Under the impugned order, the request of the petitioner's wife has been rejected on the ground that the missing credit was transferred into the GPF account of the petitioner's wife without any delay by the sixth respondent.

3. According to the respondents, since the last recovery of TPF was made from the salary of the deceased teacher / petitioner's wife in July 1996, the interest was calculated up to the period of July 1996 and based on the certificate of balance, the missing credit was arrived at Rs.43,713/-. According to the respondents, there is no Rule or Order of the Government to pay interest for the petitioner's wife beyond July 1996. Therefore, the respondents have contended that the petitioner's wife is not entitled for interest from July 1996 in respect of the missing credit.

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4. The learned counsel appearing for the petitioner would contend that though the interest has been paid by the respondents only up to July 1996, the petitioner's wife is entitled to receive the interest for the subsequent period till 04.05.2016. The petitioner has also not placed on record before this Court to prove that under the Government Order or Rule, the petitioner's wife is entitled to claim the interest beyond July 1996. Since disputed questions of fact are involved and the petitioner has not placed any Government Order / Rule to enable the petitioner's wife to get interest beyond July 1996, this Court cannot grant any relief to the petitioner in this writ petition. If the petitioner desires to seek interest beyond the period of July 1996, the petitioner will have to necessarily file a civil suit against the respondents, as it is a disputed question of fact.

5. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to file a civil suit if so advised for payment of interest in respect of the missing credit beyond July 1996 to 04.05.2016. No costs. 16.09.2025 NCC:yes/no Index:yes/no Internet:yes/no TSG 4/6

To 1.The Secretary, State of Tamil Nadu, Department of School Education, Fort St.George, Chennai-600009.

2..The Commissioner, Government Data Centre, Anna University Campus, Gandhi Mandapam Road, Chennai-600028.

3.The Director of Elementary Education, College Road, Chennai-600006.

4.The District Elementary Educational Officer, Tirunelveli, Tirunelveli District.

5.The Additional Assistant Elementary Educational Officer, Cheramahadevi, Tirunelveli District.

6.The Head Master, Government Higher Secondary School, Pottal, Cheranmahadevi Union, Tirunelveli District.

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ABDUL QUDDHOSE, J.

TSG 16.09.2025 6/6