Facts
The respondent, Mangai, sought the disbursement of Death-cum-Retirement Gratuity (DCRG) following the death of her husband, K. Shanmugam, a retired Forest Guard who died on 20.05.2024
Source reference: p. 3Although he retired on 31.05.2017, the DCRG (Rs. 2,44,294/-) was delayed due to an administrative error where the Accountant General dispatched the authorization to the wrong division
Source reference: p. 3The Writ Court, in WP.No.31218 of 2025, ordered the State to pay the DCRG with 18% interest per annum
Source reference: p. 3-4The State appealed this order, arguing that while they admit the delay, the interest rate should be governed by statutory rules rather than judicial discretion
Source reference: p. 4-5Issues
1. Whether the High Court, in the exercise of its discretion, can enhance the rate of interest for delayed DCRG payments to 18% when a specific statutory rule exists
Source reference: p. 52. Whether the respondent is entitled to interest at the rate prescribed under Rule 45A of the Tamil Nadu Pension Rules, 1978, or the higher rate granted by the Writ Court
Source reference: p. 5-6Law Applied
Rule 45A of the Tamil Nadu Pension Rules, 1978, which stipulates that a retired employee is entitled to interest for the belated settlement of DCRG
Source reference: p. 5The Court distinguished the precedent D.D. Tewari (Dead) v. Uttar Haryana Bijli Vitran Nigam Limited, (2014) 8 SCC 894, noting that while the Supreme Court granted 18% interest in that specific broader context, it does not override specific state pension rules where applicable
Source reference: p. 4-5Reasoning
The Court reasoned that since Rule 45A of the Tamil Nadu Pension Rules, 1978, expressly provides for interest on delayed DCRG payments, the statutory rate must prevail
Source reference: p. 5The Court observed that exercising judicial discretion to enhance interest rates to 18% would cause a loss to the State Exchequer and create an inconsistent "pandora’s box" of similar claims
Source reference: p. 5-6The Court noted that the State had already acknowledged the administrative delay and had issued G.O.(D) No.75 dated 13.04.2026 to settle the DCRG along with interest as per the statutory mandate
Source reference: p. 5-6The deviation from the statutory rate by the Writ Court was deemed undesirable for maintaining legal consistency
Source reference: p. 6Holding
The High Court partly allowed the appeal, setting aside the Writ Court’s direction to pay 18% interest
The Court held that interest for belated settlement of DCRG must be restricted to the rate admissible under Rule 45A of the Tamil Nadu Pension Rules, 1978
Source reference: p. 6Since the Government had already settled the amount with the statutory interest via G.O.(D) No.75, no further relief was required
Source reference: p. 6Original Court PDF
The State Of Tamil NaduvsMangai
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