K.Amutha v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2026
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Amutha ... Petitioner in W.P.3473/2026 T.Yasodai ... Petitioner in W.P.3475/2026 N.Chellathangam ... Petitioner in W.P.3476/2026 M.Mary Amala ... Petitioner in W.P.3477/2026 K.Soodamani ... Petitioner in W.P.3479/2026 Vs.
1 Government of Tamil Nadu, Rep. by its Principal Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai - 600 009.
2 The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai House 1st Floor, Chennai - 600 104.
... Respondents in all the W.Ps.
Common Prayer:
Petitions filed under Article 226 of the Constitution of India to issue a Writ of Declaration, declaring the action of the respondents in not paying the commuted value of pension and encashment of 1/6
unearned leave on private affairs to the petitioners/petitioner's husband consequent on their retirement on 31.05.2015, 31.01.2015, 30.04.2015, 31.07.2017 & 31.05.2022 respectively, 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 petitioners herein, within the time frame stipulated by this Court along with interest at the rate of 10% per annum from the date when the terminal benefits became due till the date of actual disbursement.
For Petitioners : Mr.Balan Haridas in all WPs.
For Respondents : Mr.K.Surendran, AGP for R1 in all WPs.
Mr.C.Rajkumar, Standing counsel for R2 C O M M O N O R D E R By consent, the writ petitions are taken up for final disposal at the admission stage itself.
2.These writ petitions have been filed for declaration, to declare that the action of the respondents in not paying the commuted value of pension and encashment of unearned leave on private affairs to the petitioner in W.P.Nos.3473 and 3475 to 3477 of 2026 and 2/6
petitioner's deceased husband in W.P.No.3479 of 2026 as illegal and also to direct the respondents to pay the same with interest. 3.The issue that arises for consideration in these writ petitions is one and the same and therefore, this Court is inclined to pass a common order.
4.The petitioner in W.P.Nos.3473 and 3475 to 3477 of 2026 and petitioner's deceased husband in W.P.No.3479 of 2026 in these writ petitions have joined the service of the second respondent and retired from service on 31.05.2015, 31.01.2015, 30.04.2015, 31.07.2017 & 31.05.2022 respectively. The petitioners/petitioner's deceased husband were duly relieved from their respective services. Though the petitioner in W.P.Nos.3473 and 3475 to 3477 of 2026 and petitioner's deceased husband in W.P.No.3479 of 2026 were sanctioned in respect of pension, the respondents failed to pay commuted value of pension and encashment of unearned leave on private affairs.
5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3/6
6.The learned Additional Government Pleader submitted that due to financial crisis, the first respondent is unable to mobilize 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 petitioners. Further, he submits that only on allocation of funds, the second respondent will be in a position to settle the dues of the petitioner in W.P.Nos.3473 and 3475 to 3477 of 2026 and petitioner's deceased husband in W.P.No.3479 of 2026, as per their seniority. Hence, he prays for issuance of appropriate directions by this Court as well as to stipulate any time frame. 7.Based on the aforesaid submissions, it is evident that due to financial crisis, the retiral benefits / terminal benefits due to the petitioner in W.P.Nos.
3473 and 3475 to 3477 of 2026 and petitioner's deceased husband in W.P.No.3479 of 2026 were not settled. It could be seen that the petitioner in W.P.Nos.3473 and 3475 to 3477 of 2026 and petitioner's deceased husband in W.P.No.3479 of 2026 herein were retired from service prior to four years and the reason of financial distress cannot serve as a ground for making this kind of belated payments.
and the petitioner in W.P.Nos.3473 and 3475 to 3477 of 2026 and petitioner's deceased husband in W.P.No.3479 of 2026, who were retired personnel's financial position have to be kept in mind. 8.In such view of the matter, the first respondent is directed to allot necessary funds to the second respondent for settling dues to the petitioners herein, 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 petitioners herein forthwith with applicable interest.
9.With the above directions, the writ petitions are disposed of. There shall be no order as to costs.
04.02.2026 DP Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 5/6
To 1 The Principal Secretary to Government, Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai - 600 009.
2 The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai House 1st Floor, Chennai - 600 104.
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M.DHANDAPANI,J.
DP 04.02.2026 7/6