G.Namachivayam v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.09.2025
CORAM
THE HONOURABLE Mr. JUSTICE K.SURENDER and M.P.No.1 of 2013 G.Namachivayam ... Petitioner Vs 1.The State of Tamil Nadu, Represented by the Principal Secretary to Government Municipal Administration & Water Supply Department Secretariat, Chennai - 600 009.
2.The Commissioner of Municipal Administration Chennai - 600 005.
3.The Commissioner Vaniyambadi Municipality Vaniyambadi, Vellore District.
... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records on the file of the second respondent herein in and by his proceedings No.906/2011/TP1 dated 21.01.2011 and ROC.No.906/2011/TP1 dated 29.01.2011 and quash the same and to consequently direct the respondents herein to declare that the petitioner is deemed to have peacefully retired on 1/5
31.01.2011 and to grant him all retirement and pensionary benefits with 12% interest on the delayed payment.
For Petitioner : Mr.M.Ravi For Respondents : Mr.V.Veluchamy [R1 & R2] Mr.V.Jayaprakash Narayanan for R3
ORDER
The present writ petition has been filed seeking to quash the impugned proceedings of the second respondent and to grant him all his retirement and pensionary benefits along with 12% interest on the delayed payments.
2. The counsel for the petitioner submits that since criminal case is pending against the petitioner, the benefit of surrender leave, earned leave, provident fund amount and special provident fund, which are the contributions of the petitioner, have not been paid to him.
3. The learned counsel appearing for the respondents would submit that the surrender leave and earned leave, which the petitioner is entitled to, have already been paid to him, however, the provident fund, and special provident 2/5
fund amounts would be paid to the petitioner, pursuant to the directions of this Court.
4. Since a criminal case is pending against the petitioner, this Court is not inclined to get into other aspects of the case, except directing the second respondent to pay the outstanding earned leave, surrender leave, provident fund amounts, if not already paid, to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
5. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed. (K.SURENDER,J.) 17.09.2025 Index : Yes / No Speaking order : Yes / No ds 3/5
To:
1.The Principal Secretary to Government State of Tamil Nadu Municipal Administration & Water Supply Department Secretariat, Chennai - 600 009.
2.The Commissioner of Municipal Administration Chennai - 600 005.
3.The Commissioner Vaniyambadi Municipality Vaniyambadi, Vellore District.
4/5
K.SURENDER,J.
ds 17.09.2025 5/5