Madras High Court
WA(MD)/1880/2021 of THE DISTRICT ELEMENTARY EDUC Vs S.THACHINAMOORTHY on 22 September 2026
WA(MD) No. 1880 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22-09-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
WA(MD) No. 1880 of 2021
and
C.M.P.(MD)No.8299 of 2021
CNR:{HCMD010722442021}
1. The District Elementary Educational Officer Ramanathapuram District, Ramanathapuram.
2. The Assistant Elementary Educational Officer Paramakudi-623 707, Paramakudi Tk, Ramanathapuram District.
3. The Treasury Officer
Ramanathapuram District,
Ramanathapuram.
.. Appellants /
Respondents 1 to 3
Vs
S.Thachinamoorthy
S/o.N.Satiah,
Door No.7/61, Fish Market Street,
Paramakudi-623 707, Paramakudi Taluk,
Ramanathapuram District.
..Respondent/
Writ petitioner
Prayer : Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 30.03.2021 in WP(MD)No.8368 of 2016 on the following among other grounds.
WA(MD) No. 1880 of 2021
For Appellant(s):
Mrs.K.R.Shivashankari,
Additional Government Pleader.
For Respondent(s):
Mr. S.Visvalingam
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JUDGMENT
(Judgment of the Court was delivered by G.R.Swaminathan J.) Heard both sides.
2. The Department is on appeal questioning the order dated 30.03.2021 made in W.P.(MD)No.8368 of 2016 filed by the respondent herein. The respondent was working as a vocational instructor. He retired from service on 31.05.2015. Following his retirement, he was visited with recovery order. He was called upon to remit a sum of Rs.5,43,713/-. According to the department, his salary was erroneously fixed. Challenging the recovery order, the respondent herein filed W.P.(MD)No.8368 of 2016 directing the authorities to disburse his retirement benefits. The said writ petition was disposed of on 30.03.2021 in the following terms:- “6. Admittedly, the facts of the present case are not in dispute. The petitioner was serving as Full Time Craft Teacher in the Emaneswaram Municipal Middle School, Paramakudi Taluk, Ramanathapuram District and he retired from service on 31.05.2015. It is the claim of the petitioner that the Accountant General, Chennai, in his letter dated 09.01.2016, sanctioned his retirement
WA(MD) No. 1880 of 2021
benefits. According to the respondents, the second respondent, in his letter dated 07.04.2016, informed the petitioner that he has to remit the excess amount of Rs.5,43,713/- while re-fixation of his salary as on 01.01.2006. It appears that the petitioner has no objection for refixing his pay as per his eligibility.
7. In view of the above, this Court directs the respondents to implement the order dated 09.01.2016 after refixing the petitioner's pay as per his eligibility and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.” Since the order passed by the learned single Judge was silent with regard to the recovery, the present writ appeal came to be filed.
3. During the pendency of the writ appeal, the writ petitioner paid the the amount covered by the recovery order. Therefore, the core issue raised by the department no longer survives.
4. The writ petitioner’s counsel states that even though 11 years have passed, his retirement benefits are yet to be settled. Even while clarifying that the recovery order passed earlier holds good, the appellants are directed to disburse the retirement benefits to the writ petitioner within a period of eight weeks from the date of receipt of a copy of this order. The
WA(MD) No. 1880 of 2021
arrears of pension shall also be settled. This writ appeal stands disposed of with the aforesaid direction. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 22-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU
WA(MD) No. 1880 of 2021
G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. PMU WA(MD) No. 1880 of 2021 22-09-2026