Retired employee exonerated in disciplinary proceedings sought interest on delayed settlement of commutation of pension despite having received interest on terminal benefits. The Division Bench held no separate interest is payable on commutation, which is part of terminal benefits, and dismissed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2025:MHC:49
W.P.No.2083 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P.No.2083 of 2020
A.Chandrasekaran ... Petitioner
Vs.
1.Union of India – Rep by The Secretary to the Government of India & Chairman Governing Body of PIIC Ministry of Health and Family Welfare, Room No.156, A-Wing, Nirman Bhavan, New Delhi 110 011.
2.The Director, Pasteur Institute of India, Coonor – 643 103, The Nilgiris.
3.The Registrar, Central Administrative Tribunal, High Court Campus, Chennai – 600 104. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
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praying for the issuance of Writ of Certiorari, c alling for the records pursuant to the impugned proceedings of the dated 04.10.2019 in O.A.No.310/01405/2018 of the 3rd respondent Tribunal, and after quashing the same, pray direct the 2nd respondent to refund the unauthorized deduction of commutation of pension recovered in lump sum even before the actual disbursement capitalized value of commutation of pension, and further pay up-to-date interest on leave salary encashment and on retirement gratuity payment from 01.09.2015 to 18.05.2018.
For Petitioner : Mr.V.Parthiban For M/s.Ayyar and Iyer For R1 & R2 : Mr.M.Ramamoorthi For Mr.N.Rajan [CGC] For R3 : Tribunal
O R D E R
[Order of the Court is made by S.M.SUBRAMANIAM, J. ]
The writ on hand has been instituted challenging the order dated 04th October, 2019 passed in O.A.No.1405 of 2018.
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A) on 24.01.1996 and retired from service on 31.08.2007 on attaining the age of superannuation. During the fag end of his services disciplinary proceedings were initiated for the alleged misconduct of acquiring disproportionate wealth. The Central Bureau of Investigation (CBI) also conducted an investigation. Finally, the CBI found that there is no materials to file charges and accordingly, returned the file to the department for initiation of disciplinary proceedings. The disciplinary proceedings initiated against the petitioner ended with an order of exoneration and he was exonerated from the allegation on 13.05.2015.
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directed to process his claim and pay interest at the same rate of delayed payment of these dues.
was issued by the Pasteur Institute of India. The said order states that the amount already paid to the petitioner represent the interest payable on Retirement Gratuity of Rs.6,42,428/- already paid at GPF interest rates for the period from 01.09.2007 to 31.08.2018. Therefore, no further dues were pending regarding the interest portion as claimed by the petitioner is concerned.
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W.P.No.2083 of 2020
application.
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payment of terminal benefits. Hence, there is no claim for the separate interest on the commuted portion alone.
[S.M.S., J.] [M.J.R., J.] 03.12.2024
Index : Yes Speaking order Neutral Citation : Yes
Jeni
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W.P.No.2083 of 2020
To
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W.P.No.2083 of 2020
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
Jeni
W.P.No.2083 of 2020
03.12.2024
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1 issue framed by the court
Whether a retired employee already paid interest on delayed terminal benefits can claim separate interest on the commuted portion of pension.
1 provisions across 1 enactments
A.Chandrasekaran
Union of India – Rep by The Secretary to the Government of India & Chairman Governing Body of PIIC Ministry of Health and Family Welfare
The Director, Pasteur Institute of India, Coonor
The Registrar, Central Administrative Tribunal, High Court Campus, Chennai
S.M.Subramaniam
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
