Madras High Court
S.J. Karppagadevi vs The Secretary on 18 September, 2025
W.P.(MD) No.21807 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 31.07.2025
Pronounced On : 18.09.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.21807 of 2017
and
W.M.P.(MD)No.18098 of 2017
S.J. Karppagadevi
(Retired Teacher)
W/o Late Mr.A. Xavier Manuel Raj
No.4-A, Mendonsa Colony
Nagal Nagar
Dindigul - 624 003
Dindigul District. ... Petitioner
Vs.
1. The Secretary
Government of Tamil Nadu
Department of School Eduction
Secretariat, Chennai - 600 009.
2. The Director of School Education
D.P.I. Complex
College Road
Chennai - 600 006.
3. The District Educational Officer
Dindigul District,
Dindigul - 624 001.
4. The Correspondent
Dudley Higher Secondary School
Dindigul - 624 001.
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W.P.(MD) No.21807 of 2017
5. The Headmaster
Dudley Higher Secondary School
Dindigul - 624 001. ... Respondents
PRAYER in W.P.:
To issue a Writ of Certiorarified Mandamus to call for the records
pertaining to the Impugned Order in O.Mu.No.l681/A3/2017 dated
31.07.2017 on the file of the Respondent No.3 and quash the same as
illegal and consequently direct the Respondent No.l to pay Interest @
12.% p.a. for 8 years of delayed settlement petitioner’s retirement claim
in respect of Earned and Unearned Leave totaling to the tune of
Rs.2,30,909/- within the time period stipulated by this Hon’ble Court and
pass any further or other orders as this Hon’ble Court may deem fit and
proper under the circumstances of the case and thus render Justice.
PRAYER in WMP:
To dispense with the production of the original copy of the
Impugned Order in O.Mu.No.l681/A3/2017 dated 31.07.2017 on the file
of the Respondent No.3 for the present and thus render justice.
APPEARANCE OF PARTIES:
For Petitioner : Mr.G.Karthik, Advocate
for M/s.T.Lajapathi Roy Associates
For Respondents : Mr.T.Amjad Khan,
Government Advocate for R1 to R3.
R4, R5 – notice served.
No appearance.
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W.P.(MD) No.21807 of 2017
JUDGMENT
Heard.
2. The Petitioner, a retired school teacher, had served in the 5th
Respondent institution—an aided private minority-run school. This writ
petition is the second filed by the Petitioner. In the earlier writ petition,
W.P.(MD) No. 4512 of 2009, the Petitioner sought a direction to the
Respondents to produce her complete service records and particulars of
surrender leave, and to sanction the corresponding surrender leave salary
and arrears of incentive, together with interest at a nominal rate as may
be determined by this Court. That writ petition, however, was referred to
the Pension Lok Adalat. By its Award dated 19.07.2014, the Lok Adalat
passed the following order: –
“The petitioner along with her Counsel is present and
the first respondent along with the Superintendent from the
Office of the District Educational Officer are present and the
Headmaster of the third respondent School is also present.
All the parties have agreed that the matter has already
been settled out of Court and all the benefits had been paid to
the petitioner. Further, the revised pension proposal has also
been forwarded to the Accountant General, Chennai and the
first respondent Department agrees to follow up the matter to
get the revised pension at the earliest to the petitioner.
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Recording the same, the matter is disposed of, as settled
out of Court.
The Court fee paid shall be refunded to the parties in the
manner provided under the Court Fees Act 1870 as provided
for under Sub Section 1 of Section 21 of the LSA Act 1987 as
amended in 1994.
The original of the award shall be placed in the Court
record and Copy of the award shall be kept with High Court
Legal Service Committee and one copy each is furnished to
both parties free of cost.
In agreement of the above, both parties and their counsel
have affixed their signatures / Thumb impressions in presence
of the Lok Adalat Bench admitting the terms and conditions
and accordingly, the award is passed.
Petitioner Counsel for the Petitioner
Respondents Counsel for the Respondents”
3. The Petitioner again approached the Lok Adalat by filing an
application, contending that the interest amount had not been paid. By
order dated 05.07.2016, the Member of the Lok Adalat issued the
following advice: –
“Both the parties are present. The respondent has
filed a report stating that the dispute between the parties
has been settled by the High Court Legal Services
Committee on 19.07.2014 and the parties have also
signed the same. However, the petitioner reported that
the interest amount has not been paid. The petitioner is
directed to get in touch with the counsel and take
appropriate steps.”
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4. Pursuant to the said advice, the Petitioner submitted a
representation dated 30.01.2017 to the Respondents. However, the 3rd
Respondent, the District Educational Officer, Dindigul, by the impugned
order dated 31.07.2017, rejected the request and informed the Petitioner
as follows: –
“nkw;go jPu;gg; pd; mog;gilapy; vjpu; kDjhuu;fis
fy;tpjJ; iw midj;J bjhiffisa[k; kDjhuUf;F
tH';fg;gl;Ls;sJ vd;Wk; nkYk; kDjhuupd; gpur;rpid 19/07/2014
cj;jputpdg; o jPu;f;fg;gl;Ltpll; J vd;Wk; jPu;f;fg;gl;l gpur;rpid
FwpjJ; kPz;Lk; rK:fj;jplk; kDjhuu; evidence act go
Estoppal by contact Mfpwhu; vd;Wk; rk;ge;jg;gl;l gs;spj;
jhshsu; fojj;jpy; Fwpgg; pl;Ls;shu;/ nkYk; kDit j';fsplk;
mspj;Js;sj tUj;jj;jpw;FupaJ vd;Wk; Fwpgg; pl;Ls;s mjd;
efypida[k; ,j;Jld; ,izj;J mDg;gpa[s;nsd; vd;gija[k;
gzptl[ d; bjuptpj;Jf;bfhs;fpnwd;/”
5. The Petitioner has once again approached this Court challenging
the said order. When the matter was listed on 28.11.2017, notice was
taken by the official Respondents. Pursuant thereto, the 3rd Respondent
filed a counter affidavit dated 15.10.2024. In paragraphs 5 and 6 of the
said counter affidavit, it has been stated as follows: –
“5. a) The W.P.(MD) No. 4512 of 2009 filed by the
petitioner regarding the retirement benefits, was pending it
was merged with the Lok Adalat and on 19-07-2014 the
matter was settled with the consent of all the parties and in
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the settlement, the petitioner, respondents and the counsels
also signed in the settlement. Now the petitioner cannot
reopen the matter.
b) and c) The matter regarding payment of leave
benefits was sanctioned early and the delay was caused due
to the non submission of Income tax statements by the
petitioner. However the matter was settlement on
19-07-2014 by Lok Adalat and the petitioner has also
signed in the settlement. Now at this distance point of time
she cannot raise the claim.
d) The Petitioner has cited a case which is irrelevant
to the subject matter of the case. The claim is for the
payment interest on belated payment of leave benefits
whereas the case referred to by the petitioner is for the
payment of interest on belated payment of Gratuity.
However once the matter is settled by the Lok Adalat on
19-07-2014 which was also acceptable to her now she
cannot turn round and claim again on the settled matter.
6. It is submitted that on 26-05-2011 when the claim
was submitted to the treasury, the bill was audited for the
reasons that the petitioner did not file the income tax
return. It was informed to the petitioner. Accordingly the
petitioner was equally responsible for the delayed payment.
It is also submitted that the Correspondent of the School
has stated in his letter dated 02-06-2017, the matter was
settled on 19-07-2014 and the petitioner has also signed in
the settlement and now the petitioner has reopened the
matter which is regrettable. This matter was also conveyed
to the petitioner on 31-07-2017.”
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6. In view of the foregoing, it remains unclear how the Petitioner
can lay claim to interest at the rate of 18% for the alleged delay in
payment, particularly when no Lok Adalat award was passed in terms of
an agreement between the parties. What was recorded was merely an
order dismissing the matter on the ground that it had been settled outside
the Court. It is also pertinent to note that, in the first round of litigation,
the Petitioner had sought only nominal interest in her affidavit, and the
Lok Adalat’s award contains no direction whatsoever granting any
interest.
7. There exists a substantial distinction between an award passed
on the basis of a settlement and an order merely recording that the matter
was settled outside the Court. In this context, the reliance placed by the
Petitioner’s counsel on the judgment in W.P.(MD) No. 14899 of 2022
dated 13.09.2022 is wholly misplaced, as it bears no relevance to the
present case. Likewise, the decision in D.S. Nakara & Ors. v. Union of
India, reported in (1983) 1 SCC 305, has been cited only for the general
principle that pension is neither a bounty nor a largesse extended by the
State.
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8. In light of the foregoing discussion, the Petitioner has not made
out any case warranting interference by this Court. Accordingly, the Writ
Petition stands dismissed. Consequently, the connected W.M.P. is closed.
No order as to costs.
18.09.2025
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
LS/ay
To
1. The Secretary
Government of Tamil Nadu
Department of School Eduction
Secretariat,
Chennai - 600 009.
2. The Director of School Education
D.P.I. Complex
College Road
Chennai - 600 006.
3. The District Educational Officer
Dindigul District
Dindigul - 624 001.
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4. The Correspondent
Dudley Higher Secondary School
Dindigul - 624 001.
5. The Headmaster
Dudley Higher Secondary School
Dindigul - 624 001.
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DR. A.D. MARIA CLETE, J.
LS
Pre-delivery Judgment made in
18.09.2025
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