The Secretary To Government vs K.Swarnam
2021 Latest Caselaw 4742 Mad

                                                                              W.A.No.267 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:      23.02.2021

                                                     CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                          AND
                               THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
                                                W.A.No.267 of 2021

                     1.The Secretary to Government,
                     Health and Family Welfare Department,
                     Fort St.George,
                     Chennai 600 009

                     2.The Director of Public Health and Preventive Medicine,
                     DMS Campus,
                     Teynampet, Chennai 6

                     3.The Deputy Director of Health Services
                       and Family Welfare,
                       Dharapuram, Erode District.

                     4.The Medical Officer,
                     Government Primary Health Centre,
                     Mulanoor, Erode District 638106            ...     Appellants

                                                    Vs.

                     1.K.Swarnam

                     2.The Accountant General,
                     Teynampet,
                     Chennai 600 018                            ...     Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent against the
                     order dated 27.06.2012 passed in W.P.No.36928 of 2007.


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https://www.mhc.tn.gov.in/judis/
                                                                              W.A.No.267 of 2021



                               For Appellants   ::    Mr.V.Jayaprakash Narayanan,
                                                      State Government Pleader


                                                      JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The short case of the appellants is that since the service rules

in the State do not permit any interest to be paid on leave salary

and other retiral benefits except on gratuity, the Single Bench erred

in directing interest to be paid for the delayed release of leave

salary.

2. While it is true that no provision is made in the rules for

paying interest on several heads other than gratuity, there is no

embargo on the Court to direct payment of such interest if the

Court notices the payment to have been released long after it had

fallen due. Ordinarily, interest is the natural consequence of any

delayed payment. Interest is not a bounty that the person entitled

to is conferred with. Loosely speaking, since the basket of goods

and services is reduced in value if the quantum is paid at a later

date, interest is awarded by Courts to ensure that the same basket

of goods and services may be obtained by the relevant person as he

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https://www.mhc.tn.gov.in/judis/ W.A.No.267 of 2021

would have if the payment had been made on the original or due

date.

3. Since the Court has given adequate reasons and there was

indisputable delay on the part of the appellants herein to release

the leave salary due to the concerned employee or the heirs of the

employee, the order impugned dated June 27, 2012, does not call

for any intereference.

4. W.A.No.267 of 2021 is dismissed. C.M.P.No.1098 of 2021 is

closed. There will be no order as to costs.

                                                                (S.B., CJ.)      (S.K.R., J.)
                                                                          23.02.2021

                     Index : No
                     tar




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https://www.mhc.tn.gov.in/judis/ W.A.No.267 of 2021

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

(tar)

W.A.No.267 of 2021

23.02.2021

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https://www.mhc.tn.gov.in/judis/