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Madras High CourtWP/3819/2026disposed of with direction

M.Bommuraj v. Government Of Tamil Nadu

2026-02-11Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2026

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI M.Bommuraj ... Petitioner in WP.No.3819 of 2026 P.Mythili ... Petitioner in WP.No.3714 of 2026 M.Venkatesan ... Petitioner in WP.No.3711 of 2026 R.Karunanidhi ... Petitioner in WP.No.3709 of 2026 T.Niranjanadevi ... Petitioner in WP.No.3640 of 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, Chennai House 1st floor, Chennai 600 104 ... Respondents in all WP's Prayer in WP.No.3819 of 2026 : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Declaration to declare the action of the respondents in not paying the Death cum Retirement Gratuity, commuted value of pension encashment of earned leave (HRA & CCA component) and

encashment of unearned leave on private affairs to the petitioner consequent to his retirement on 31.05.2024 as illegal, arbitrary and contrary to law and consequently direct the respondents to pay Death cum Retirement Gratuity, commuted value of pension, encashment of earned leave (HRA and CCA component) and encashment of unearned leave on private affairs to the petitioner 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.

Prayer in WP.No.3714 of 2026: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Declaration to declare 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 on his retirement on 31.05.2021 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 Honorable 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 Prayer in WP.No.

3711 of 2026: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Declaration to declare 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 on his retirement on 31.01.

annum from the date when the terminal benefits became due till the date of actual disbursement Prayer in WP.No.3709 of 2026: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Declaration to declare 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 on his retirement on 31.03.2021 as illegal, arbitrary and contrary to law and consequently direct the respondents to pay commuted value of pension and encashment unearned leave on private affairs to the petitioner within the time frame stipulated by this 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 Prayer in WP.No.

3640 of 2026: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Declaration to declare 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 on his retirement on 31.05.2019 as illegal, arbitrary and contrary to law and consequently direct the respondents to pay commuted value of pension and encashment unearned leave on private affairs to the petitioner within the time frame stipulated by this 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 in all WP's : Mr.

For Respondents in all WP's For R1 : Mr.Yogesh Kannadasan, Special Government Pleader For R2 : Mr.C.Rajakumar COMMON ORDER 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 declaring that the action of the respondents in not paying the Death cum Retirement Gratuity, 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 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 these writ petitions have joined in the service of the second respondent and retired from service on 31.05.2024, 31.05.2021,

31.01.2017, 31.03.2021 and 31.05.2019 respectively. The petitioners were duly relieved from their respective services. Though the petitioners were sanctioned in respect of pension, the respondents failed to pay Death cum Retirement Gratuity, commuted value of pension and encashment of unearned leave on private affairs.

5.Heard the learned counsel appearing on the either side and perused the materials placed before this Court.

6.The learned Special 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 petitioners. Further, he submits that only on allocation of funds, the second respondent will be in a position to settle the dues of the petitioners, 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 petitioners were not

settled. It could be seen that the petitioners herein were already retired from service 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 petitioners are retired personnels, their 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, 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 forthwith with applicable interest..

9. With the above directions, the writ petitions are disposed of. No costs. 11.02.2026 Index :Yes/No Speaking/Non-speaking order : Yes/No lok

M. DHANDAPANI, J.

lok To 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, Chennai House 1st floor, Chennai 600 104 11.02.2026