Madras High Court
The Chief Educational Officer vs M.Ramasamy on 11 September, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
W.A.(MD)No.1550 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.09.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.A.(MD)No.1550 of 2024 &
C.M.P.(MD)No.12169 of 2024
1.The Chief Educational Officer,
Tirunelveli - 627 009,
Tirunelveli District.
2.The District Educational Officer,
Tirunelveli - 627 001,
Tirunelveli District.
3.The District Educational Officer,
Sankarankoil - 627 756,
Tirunelveli District. . ..Appellants
vs.
1.M.Ramasamy
2.The Accountant General (A & E)
Office of Accountant General,
Teynampet,
Chennai - 600 018. ... Respondents
Prayer: Writ Appeal filed under filed under Clause 15 of Letters Patent
Act to set aside the orders dated 09.06.2023 in W.P.(MD)No.21778 of
2019 on the file of this Court and to allow the appeal.
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W.A.(MD)No.1550 of 2024
For Appellants : Mr.S.P.Maharajan
For Respondents : Mr.Ashaiq Ismail
for Mr.T.Cibi Chakraborthy for R1
Mr.P.Gunasekaran
Standing Counsel for R2
JUDGMENT
(Judgment of the Court was delivered by P.VELMURUGAN, J.)
Mr.Ashaiq Ismail, learned counsel takes notice for the first
respondent. Mr.P.Gunasekaran, learned Standing Counsel takes notice
for the second respondent.
2. By the consent of both the parties, this writ appeal is taken up
for final disposal at the admission stage itself.
3. The first respondent herein filed the writ petition for issuance of
writ of mandamus to direct the respondents therein to sanction and
disburse forthwith the interest amount admissible to him on his death
cum retirement gratuity (DCRG) amount of Rs.7,39,344/- as per Rule
45A of Tamil Nadu Pension Rules, 1978.
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4. The writ Court, based on the admission made by both the
parties, passed the following order.
"4. It is seen from the records that the petitioner has retired from
service on 31.05.2018. The respondents ought to have paid on or
before 31.07.2018, but the respondents failed to pay within the said
time. Hence, the petitioner is entitled to interest from 01.08.2018.
Since the respondents have delayed the payment until 20.03.2019,
this Court is restricting the claim of the petitioner from 01.08.2018
to 20.03.2019. The 4th respondent is directed to pay the statutory
interest for the above said period and the said exercise shall be
completed within a period of six weeks from the date of receipt of a
copy of this order."
5. Aggrieved over the same, the respondents 2 to 4 therein have
filed the present appeal.
6. A perusal of the order passed by the learned Single Judge shows
that the writ petitioner and the respondents therein have admitted the
entitlement of the writ petitioner. The writ Court directed the fourth
respondent to pay statutory dues with interest. Now, the appellants have
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filed this appeal challenging the interest portion alone.
7. Admittedly, there is delay in payment of dues. Hence, the writ
petitioner is entitled to interest for the delay period. In view of the same,
there are no merits in the appeal. Hence, the appeal is liable to be
dismissed.
8. Accordingly, the writ appeal is dismissed at the admission stage
itself. The third appellant is directed to comply with the order passed by
the writ Court within a period of six weeks from the date of receipt of a
copy of this order. No costs. Consequently, connected Miscellaneous
Petition is closed.
(P.V., J.) (K.K.R.K.,J.)
11.09.2024
NCC:Yes/No
Index:Yes/No
Speaking/Non-speaking order
mbi
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P.VELMURUGAN, J.
and
K.K.RAMAKRISHNAN, J.
mbi
11.09.2024
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