Writ petitions challenging orders withholding retirement benefits to adjust excess salary paid during service. Court found no merit as petitioners had already executed bonds to repay the excess amount and payments were made from salary, not pension. Petitions dismissed.
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.
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.03.2024
CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.3980 of 2024 & 34108 & 34110 of 2023
W.P.No.3980 of 2024
Mallika
...Petitioner
-Vs-
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
Child Development Service Thirumanur Block
Ariyalur District.
...Respondents
Prayer in W.P.No.3980 of 2024 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 4 th respondent dated 13.12.2023 bearing Na.Ka.No.674/A2/2023 and to quash the same as illegal and consequently to direct the respondents herein to pay the entire retirement benefits of the petitioner along with an interest for the belated payment for the same, calculated at the rate of 24% from the date of her superannuation i.e., 30.06.2022 till the date of payment, within any reasonable time as may be fixed by this Court.
W.P.No.34108 of 2023
Manonmani
...Petitioner
-Vs-
2/9
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
Integrated Child Development Service Ariyalur District – 621 704.
...Respondents
Prayer in W.P.No.34108 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 4 th respondent dated 20.07.2023 bearing Na.Ka.No.04/A2/2023 and to quash the same as illegal and consequently to direct the respondents herein to pay the entire retirement benefits of the petitioner along with an interest for the belated payment for the same, calculated at the rate of 24% from the date of her superannuation i.e., 30.06.2022 till the date of payment, within any reasonable time as may be fixed by this Court.
W.P.No.34110 of 2023
A.Stellarani
...Petitioner
3/9
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
-Vs-
...Respondents
Prayer in W.P.No.34110 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the proceedings of the 4 th respondent dated 20.07.2023 bearing Na.Ka.No.04/A2/2023 and to quash the same as illegal and consequently to direct the respondents herein to pay the entire retirement benefits of the petitioner along with an interest for the belated payment for the same, calculated at the rate of 24% from the date of her superannuation i.e., 30.06.2022 till the date of payment, within any reasonable time as may be fixed by this Court.
4/9
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
(In all W.Ps') For petitioners : Mr.K.Govindan For respondents : Mr.V.Veluchamy Additional Government Pleader
COMMON ORDER
These writ petitions has been filed for challenging the impugned order passed by the 4th respondent dated 13.12.2023 and 20.07.2023 and consequently direct the respondents to pay the entire terminal benefits of the
petitioners along with an interest for the belated payment.
5/9
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
Aggrieved by the same, similarly placed persons approached this Court for direction to release their retirement benefits. While pending those writ petitions, the 4th respondent passed an order stated that there is an audit objection and as such their retirement benefits such as Special Provident Fund and General Provident Fund and pension benefits will be released and the lump sum amount entitled to the petitioners and it will be released only after the refund of the excess salary.
6/9
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
the excess amount to the tune of Rs.23,172/- from the period of October 2017 to December 2021 and Rs.22,651/- from the month of July 2022 respectively. Further, in respect of the excess payment made to the employers is legally permissible those case of recovery of excess payment is to be made from the employer/pension.
14.03.2024
Index : Yes/No Speaking/Non-Speaking order Neutral Citation : Yes/No gvn
To
1.The Principal Secretary
7/9
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
Social Welfare & Women Empowerment Department Government of Tamil Nadu
Chennai – 09.
G.K.ILANTHIRAIYAN,J.
gvn
8/9
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
W.P.Nos.3980 of 2024 & 34108 & 34110 of 2023
14.03.2024
9/9
1 issue framed by the court
Whether withholding terminal benefits to adjust excess salary paid, after petitioners agreed to repay via separate deductions, is legally permissible.
1 provisions across 1 enactments
Mallika
Manonmani
A. Stellarani
The Principal Secretary Social Welfare & Women Empowerment Department Government of Tamil Nadu
The District Collector District Collectorate Jayankondam Road Ariyalur District
The Administrative Officer District Audit Party Integrated Child Development Service Ariyalur District
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
