P.Kandasamy v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.24908 of 2025 and W.M.P(MD)No.19573 of 2025 P.Kandasamy

...Petitioner

Vs 1.The Principal Secretary to Government, Department of Municipal Administration and Water Supply, Fort St.George, Chennai-600 009.

2.The Director of Municipal Administration, Urban Administrative Buildings, Santhome High Road, Raja Annamalaipuram, Chennai 600028.

3.The Director of Local Fund Audit, Integrated Complex For Finance Department, Animal Husbandry Hospital Complex, Saidapet, Chennai.

4.The Commissioner, Tiruchirapalli Municipal Corporation, Tiruchirapalli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, to 1/6

call for the records in pursuant to the first impugned order issued by the second respondent in proceedings in proceedings Rc.Lr.No. 45529/F3/2010 dated 21.05.2015, second impugned order issued by the fourth respondent in proceedings Na.Ka.No.E6/388/2016/ (Maiyam) dated 20.01.2016 and the subsequent third impugned order issued by the fourth respondent in proceedings Na.Ka.No.E6/708/2019 Maiyam) dated 12.07.2021 and to quash these orders and to consequently direct the respondents (i) to pay to the petitioner his Contributory Pension without deducting any amount ii) to pay interest to the petitioner at the rate of 12% on the belated payment of contributory pension and (iii) to grant all other consequential service and monetary benefits. For Petitioner : M/s.M.Padmavathy for Mr.R.Prem Narayan For R1, R3 : M/s.P.B.Ahamed Yashmin Parvin Government Advocate For R4 : Mr.J.Sriprasad for M/s.R.B.Law Associates

O R D E R

The writ petition has been filed challenging the proceedings of the second respondent dated 21.05.2025, the proceedings of the fourth respondent dated 20.01.2016 and the proceedings of the third respondent dated 12.07.2021 with the consequential direction to direct the 2/6

respondents to pay the petitioner Contributory Pension without deducting any amount, to pay interest at the rate of 12% on the belated payment of contributory pension and other consequential and to grant all other consequential service and monetary benefits.

2. The impugned proceedings dated 21.05.2025 issued by the second respondent had already been the subject matter of earlier litigations in W.P(MD)No.21856 of 2015 and W.P(MD)No.1008 of 2016, which were decided on 21.03.2022 and 28.06.2021 respectively. Under the said orders of this Court, the said letter was quashed in respect of recovery alone and if any excess payment had been recovered, the same was directed to be refunded to the petitioners therein within a time frame.

3. In view of the fact that the said letter had already been quashed in the earlier writ petitions, this Court is of the view that the said judgments squarely apply to the facts of the case. Accordingly the consequential orders passed by the respondents 3 and 4 dated 12.07.2021and 20.01.2016 are set aside.

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4. In fine, the writ petition stands allowed. The respondents are directed to pay the petitioner's contributory pension without deducting any amount and to also pay the statutory interest at the rate of 12% per annum on the belated amount of contributory pension and to grant the petitioner all other consequential and monetary benefits in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

16.10.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Principal Secretary to Government, Department of Municipal Administration and Water Supply, Fort St.George, Chennai-600 009.

2.The Director of Municipal Administration, Urban Administrative Buildings, Santhome High Road, Raja Annamalaipuram, Chennai 600028.

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3.The Director of Local Fund Audit, Integrated Complex For Finance Department, Animal Husbandry Hospital Complex, Saidapet, Chennai.

4.The Commissioner, Tiruchirapalli Municipal Corporation, Tiruchirapalli.

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K.KUMARESH BABU , J.

Sn 16.10.2025 6/6