The Secretary vs S S Soundararajan

WA No. 3337 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2026
CORAM
THE HON'BLE DR JUSTICE G. JAYACHANDRAN
AND
THE HON'BLE MR.JUSTICE E.MANOHARAN
WA No. 3337 of 2026
CNR:{HCMA012265612026}
and
CMP No. 29681 of 2026
1. The Secretary
Health and Family Welfare Department,
Fort St. George, Chennai-600 009.
2. The Director of Medical Education
Directorate of Medical Education,
156, Poonamallee High Road, Park Town,
Chennai-600 003.
3. The Dean
Rajiv Gandhi Government General Hospital,
Poonamallee High Road, Park Town,
Chennai-600 003.
4. The Dean
Stanley Medical College, Old Washermanpet,
Chennai-600 001.
..Appellants
Vs
S.S.Soundararajan
..Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to Set aside the
order dated 15.04.2025 passed in WP.No.11171 of 2025 and allow this above
Writ Appeal
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WA No. 3337 of 2026
For Appellants: Mr.P.V.Balasubramanian
Asst.by Mr.K.Rajesh
Government Advocate
For Respondent: Mr.A.Swaminathan
JUDGMENT
( Judgment of the Court was delivered by Dr.G.Jayachandran J. )
This Writ Appeal has been filed by the State, being aggrieved by the
order passed by the learned Single Judge directing the appellants to examine the
eligibility for payment of interest on the delayed settlement of retirement and
monetary benefits and to pay appropriate interest in the absence of plausible
reason for the delay.
2. The operative portion of the order passed by the learned Single
Judge in W.P.No.11171 of 2025, dated 15.04.2025, reads as follows:-
“5.A direction is given to the respondents to
examine the service register of the petitioner and
examine whether the petitioner is eligible for payment
of any interest for the delayed payment and whether
there are plausible reasons for the delayed payment of
the retirement benefits. The respondents may issue a
communication if there are plausible reasons to the
petitioner herein and if there are no plausible reasons,
then pay appropriate interest. The entire exercise must
be completed within a period of three months from the
date of receipt of a copy of this order. This Writ
Petition stands disposed of. No costs.”
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WA No. 3337 of 2026
3. The contention of the appellants is that pursuant to the directions of
this Court, the case of the writ petitioner was considered and since the benefits
were given to the writ petitioner soon after the eligibility, there was no delay in
the disbursement of the benefits; therefore, he is not entitled to any interest for
the alleged delay in payment. The dates of payment made to the writ petitioner
are found in paragraph No.8 of the affidavit filed by the appellant. For the sake
of easy reference, same is extracted below:
S.No Date Payment made
1. 30.06.2007
to
31.05.2021
Provisional pension per month
Rs.4178/-
2. 09.05.2008 GPF of Rs.6400/- credited
3. 05.06.2017 Special Provident Fund Credited
Contribution – Rs.2,960/-
Interest-Rs.10,310/-
Contribution-Rs.10,000/-
4. 10.08.2021
&
11.08.2021
Unauthorized absence period from
06.03.1996 to 30.09.1996 regularized
the amount of Rs.43,136/- credited
and another amount of Rs.11,684/-
credited on 11.08.2021
5. 13.08.2021 This suspension period of 23.02.2002
to 30.07.2007 was treated as duty
period and Rs.3,48,716/- was credited
6. 20.10.2021 Credited amounts:
DCRG authorized by AG-
Rs.3,40,714/-
Stanley Society-Rs.1,85,456/-
Balance-Rs.1,55,258/-
Pension Payment Order to the
Pensioner Passbook handed over to
the petitioner.
7. 28.10.2021 EL Encashment of Rs.1,76,531/-
credited.
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WA No. 3337 of 2026
Un Earned Leave on Private Affairs of
Rs.66,201/- credited.
8. 27.09.2022 Pension Arrear amount of
Rs.27,29,506/- was credited
9. 10.06.2025 DCRG Interest for delayed payment
of Rs.3,07,501/-
4. The learned counsel appearing for the writ petitioner, who is the
respondent in this appeal, submitted that despite specific directions from the
learned Single Judge to look into the facts of the case and consider whether
there was any plausible justification for the delayed payment of retirement
benefits, the appellant did not consider the directions issued. Thereafter, the
respondent initiated contempt proceedings to claim 18% interest for the belated
payment of the pensionary benefits. Only thereafter was a rejection order
issued by the respondent and the reasons stated in the rejection order are totally
irrelevant and unsustainable. A fortnight before the date on which the
respondent was supposed to attain superannuation, a charge memo was served
on him, referring to the criminal case and departmental proceedings pending
against him.
5. Later on appeal, the criminal case ended in acquittal. As a
consequence, the department has decided to drop the disciplinary proceedings.
While so, there cannot be any plausible justification for delaying the payment of
retirement benefits and due to this, there was an enormous delay in the payment
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WA No. 3337 of 2026
of retirement benefits. The respondent is entitled to get 18% interest for the
period of delay.
6. On considering the submissions, we find that the order of the
learned Single Judge has to be considered by applying the literal rule of
interpretation. The attempt of the respondent to insist on 18% interest is based
on his prayer, but when the order of the learned Judge is silent about it, the
respondent cannot claim 18% interest for the delayed payment, if any.
7. Therefore, we are of the view that though the order rejecting the
request to pay interest was passed subsequent to filing of the contempt petition
dated 25.02.2026, the outright rejection and denial of interest appears to be
unreasonable. No doubt the respondent was under suspension at the time of
attaining superannuation and therefore, the payment of retirement benefits was
rightly denied.
8. However, the disciplinary proceedings as well as the criminal
prosecution culminated after the criminal appeal preferred by the respondent
ended in acquittal vide order dated 15.05.2014. As a consequence, the
departmental proceedings were dropped, the dismissal from service was set
aside and he was permitted to retire without prejudice to the pending
departmental proceedings, which were to be continued under Rule 9(2) of the
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WA No. 3337 of 2026
Tamil Nadu Pension Rules, 1975. This order permitting him to retire from
service was issued on 27.07.2016.
9. We find that no effective steps were taken to proceed against the
respondent under Rule 9(2) of the Tamil Nadu Pension Rules. Thereafter, he
was paid DCRG with interest on 27.09.2022. We find from record that for the
delayed payment of DCRG, the respondent has been paid 6% interest.
Therefore, we direct the appellants to pay interest at the rate of 6% from
27.07.2016, the day on which he was permitted to retire from service after he
was acquitted from the criminal case and no further departmental proceedings
were continued against him as contemplated till 27.09.2022, when the
pensionary arrears were paid to him.
10. We are informed that alleging non-compliance of the order passed
by the learned Single Judge, a contempt petition is pending. We find that the
order of the learned Single Judge is not a mandatory order to pay interest, but
only a direction to verify whether the delay is attributable to the Government so
as to mulct the appellants with liability. Now, we have considered the facts of
the case, we find that the delay in paying the pensionary benefits is attributable
to some extent to the conduct of the appellants and to some extent to the
respondent.
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WA No. 3337 of 2026
11. Therefore, we have clarified the order passed by the learned Single
th
Judge in the above manner with the directions stated above. The 4 appellant
has furnished a tabular column which contains the interest payable at the rate of
6% from 27.07.2016 to 27.09.2022. The said interest amount payable is payable
by the Dean, Stanley Medical College, Old Washermanpet, Chennai, and is to
be paid within a period of six weeks from the date of receipt of a copy of this
order.
12. With the above directions, this Writ Appeal stands disposed of.
Consequently, the connected Civil Miscellaneous Petition is closed. No costs.
(Dr.G.J.,J.) (E.M.,J.)
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
rpl
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WA No. 3337 of 2026
DR.G.JAYACHANDRAN J.
and
E.MANOHARAN J.
rpl
WA No. 3337 of 2026
and
CMP No. 29681 of 2026
30-10-2026
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