The Secretary To Government vs S.Paramaguru
2025 Latest Caselaw 5179 Mad

Madras High Court

The Secretary To Government vs S.Paramaguru on 23 June, 2025

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                        W.A.(MD) No.343 of 2020



                                  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

                                                     W.A.(MD) No.343 of 2020
                                                               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
                                                                       -vs-

                 S.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


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                                                                                   W.A.(MD) No.343 of 2020



                                                       JUDGMENT

[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.

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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



                 ____________





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                 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.

____________

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/06/2025 07:39:20 pm )

S.M.SUBRAMANIAM, J.

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

krk

and

23.06.2025

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