C.Lingammal v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-01-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI C.Lingammal W/o. R. Muthuramalingam, No. 15/2 Thalapalayam Medu, Olagadam Post, Bhavani Taluk, Erode 638 009 ..Petitioner(s) Vs
1. Government of Tamil Nadu rep. by its Principal Secretary to Government Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai-09.
2. The Chief Executive Officer Tamil Nadu Khadi and Village Industries Board , Chennai House 1st floor, Chennai- 104.
..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration declaring the action of the Respondents in not paying the commuted value of pension and encashment of unearned leave on private affairs to the petitioner consequent to her retirement on 31.07.2018 as illegal, arbitrary and contrary to law and consequently direct
the respondents to pay commuted value of pension and encashment of unearned leave on private affairs to the petitioner within the time frame stipulated by this Honble court along with interest at the rate of 10 percent per annum from the date when the terminal benefits became due till the date of actual disbursement. For Petitioner(s):
Mr. Balan Haridas For Respondent(s):
Mr. R. U. Dinesh Raj Kumar Additional Government Pleader for R1 Mr. C. Raj Kumar, Standing Counsel for R2
ORDER
By consent, this writ petition is taken up for final disposal at the admission stage itself.
2..This writ petition has been filed for declaration declaring that the action of the respondents in not paying the commuted value of pension and encashment of unearned leave on private affairs to the respective petitioners as illegal and also to direct the respondents to pay the same with interest.
3. The petitioner in this Writ Petition had joined in the service of the second respondent and retired from service on 31.07.2018. The petitioner was duly relieved from his service. Though the petitioner was sanctioned in respect
of pension, the respondents failed to pay commuted value of pension and encashment of unearned leave on private affairs. 4.Heard the learned counsel appearing on the either side and perused the materials placed before this Court.
5.The learned Additional Government Pleader submitted that due to financial crisis, the first respondent is unable to mobilze funds and further submitted that the second respondent has addressed various letters to the first respondent for allotment of funds and the same was also informed to the petitioner. Further, he submits that only on allocation of funds, the second respondent will be in a position to settle the dues of the petitioner, as per their seniority. Hence, he prays for issuance of appropriate directions by this Court as well as to stipulate any time frame.
6. Based on the aforesaid submissions, it is evident that due to financial crisis, the retiral benefits / terminal benefits due to the petitioner was not settled. It could be seen that the petitioner herein was retired from service prior to seven years and the reason of financial distress cannot serve as a ground for making this kind of belated payments. Therefore, the said reason cannot be accepted by
this Court and the petitioner, who was retired personnel's financial position has to be kept in mind.
7. In such view of the matter, the first respondent is directed to allot necessary funds to the second respondent for settling dues to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. On such receipt, the second respondent is directed to disburse the dues of the petitioner forthwith with applicable interest.
8. With the above directions, the writ petition is disposed of. No costs 29-01-2026 Index: Yes/No Speaking/Non-speaking order uma
To
1. Principal Secretary to Government Handlooms, Government of Tamil Nadu Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai-09.
2. The Chief Executive Officer Tamil Nadu Khadi and village Industries Board , Chennai House 1st floor, Chennai- 104.
M.DHANDAPANI, J.
uma 29-01-2026