The Secretary to Government of Tamil Nadu v. S.Karunamoorthi

JUDGMENT [Judgment of the Court was made by N.SATHISH KUMAR, J.) Challenging the order of the learned Single Judge directing payment of interest to the respondent at the rate of 6% per annum with effect from

20.03.2012 till the date of payment, the present Writ Appeal has been filed by the Government.

¶2The respondent had filed W.P.(MD) No.11579 of 2011 seeking regularisation as a full-time Craft Teacher with attendant monetary and other benefits. The said writ petition was allowed by this Court on 20.03.2012. Aggrieved by the same, the Government preferred W.A.(MD) No.966 of 2013, which came to be dismissed on 11.04.2017. Thereafter, the Government filed a Review Application in Review Application (MD) SR No.46672 of 2017, which was dismissed on 02.02.2018. Subsequently, a Special Leave Petition was filed before the Hon'ble Supreme Court, which was also dismissed on 29.04.2019. Thereafter, G.O.Ms.No.61 dated 25.09.2018 was issued and the monetary benefits were ultimately settled in January 2020. The grievance of the respondent/writ petitioner is that the delay in disbursement was caused by the Government, and therefore, the respondent is entitled to interest. Accepting the said contention, the learned Single Judge directed payment of interest at the rate of 6% per annum from 20.03.2012.

¶3The learned Additional Advocate General appearing for the appellants submitted that the Government had exercised its statutory right of appeal, and merely because some delay occurred during the pendency of appeal, review, and SLP proceedings, the respondent cannot claim interest for the entire period.

¶4Per contra, the learned counsel appearing for the respondent submitted that the delay was solely attributable to the Government, which pursued multiple rounds of litigation, thereby postponing the payment of legitimate dues.

¶5This Court has considered the submissions made on either side and perused the materials available on record.

¶6It is well settled that the right to prefer an appeal is a statutory right, and the Government cannot be faulted merely for availing such remedy. The matter attained finality only on 29.04.2019, when the Special Leave Petition filed before the Hon'ble Supreme Court came to be dismissed.

¶7In such circumstances, this Court is of the view that the respondent would be entitled to interest only for the period of delay after the matter attained finality. Accordingly, the respondent is entitled to interest at the rate of 6% per annum from 29.04.2019 till the date of realisation. The said amount shall be paid within a period of three (3) months from the date of receipt of a copy of this order.

¶8With the above modification, the Writ Appeal stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. [N.S.K.,J.] [M.J.R.,J.]

16.04.2026 NCC : Yes / No Index : Yes / No am W.A(MD)No.1168eofe2024 oN.SATHISHoKUMARoo,Jo. and M.JOTHIRAMAN,J. am ORDERoMADEoIN W.A(MD)No.1168oofo2024 DATEDo:o16.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2026 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P(MD)No.9010 of 2024 1.The Secretary to Government of Tamil Nadu, Backward Classes, Most Backward Classes and Denotified Tribes Welfare Department, Secretariat, Chennai-9. 2.The Director of Backward Classes, Most Backward and Denotified Tribes Welfare Department, Chepauk, Chennai-5. 3.The Joint Director, Kallar Reclamation Department, Madurai-20. ... Appellants/Respondents vs. S.Karunamoorthi ... Respondent/Writ Petitioner PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 08.03.2023 made in W.P(MD)No.16497 of 2020. For Appellants : Mr.Veera Kathiravan Additional Advocate General Assisted by Mr.S.P.Maharajan Special Government Pleader For Respondent : Mr.S.Govindan