N.Nagaraj v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA and WMP.No.38821 of 2025 N.Nagaraj
...Petitioner
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, 1st Floor, Chennai House, Chennai - 600 104.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, to declare the action of the respondents in not paying the death cum retirement gratuity to its entirety, commuted value of pension, encashment of earned leave and encashment of unearned leave on private affairs to the petitioner consequent to his retirement on 30.11.2017 and not paying interest at the rate of 10% per annum on the delayed payment 1/7
of commuted value of pension, Death cum Retirement Gratuity, encashment of earned leave and encashment of unearned leave on Private affairs as illegal, arbitrary and contrary to law and consequently direct the respondents to pay interest at the rate of 10% per annum on the delayed payment of commuted value of pension, Death cum Retirement Gratuity, encashment of earned leave and encashment of unearned leave on Private affairs and further direct the respondents to pay the withheld amount of commuted value of pension, Death cum Retirement Gratuity, encashment of earned leave and encashment of unearned leave on private affairs to the petitioner within the time frame stipulated by this Hon'ble 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 Petitioner : Mr.Balan Haridas For Respondents : Mr.R.U.Dinesh Raj Kumar, AGP, for R1 : Mr.C.Rajakumar, St.C, for R2
ORDER
This writ petition has been filed seeking to declare the action of the respondents in not paying the commuted value of pension, Death cum Retirement Gratuity, encashment of earned leave and encashment of unearned leave on private affairs to the petitioner as illegal and to 2/7
consequently, direct the respondents to pay the same along with interest at the rate of 10% per annum, without withholding any amount.
2. Mr.R.U.Dinesh Raj Kumar, learned Additional Government Pleader takes notice on behalf of the 1st respondent, Mr.C.Rajakumar, learned Standing Counsel takes notice on behalf of the 2nd respondent. In view of the consent expressed by the learned counsel on either side, this Writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that he joined the services of the 2nd respondent as an Assistant Director on 17.11.1984. While so, all of a sudden, the petitioner was placed under suspension on 29.11.2017, a day before his retirement, ie., 30.11.2017, in connection with Criminal case in FIR.No.11 of 2018 dated 10.12.2018. However, subsequently, the 2nd respondent issued the retirement order on 23.05.2024. Thereafter, though the 2nd respondent, vide order dated 20.02.2025 sanctioned pensionary and other terminal benefits, however, failed to pay the other terminal benefits such as, commuted value of pension, Death cum Retirement Gratuity, encashment of 3/7
earned leave and encashment of unearned leave on private affairs entirely. Aggrieved by the same, the petitioner made several representations before the 2nd respondent seeking to clear his dues and the last representation sent by the petitioner in this regard was on 01.07.2025. However, as the same evoked no response, the petitioner has come up with this Writ petition.
4. Heard the learned counsel appearing on the either side and perused the materials placed before this Court.
5. Learned Standing Counsel appearing for the 2nd respondent submits that the 2nd respondent has addressed various letters to the 1st respondent for allotment of funds and the same was also informed to the petitioner. Learned counsel further submits that only on allocation of funds, the 2nd respondent will be in a position to settle the dues of the petitioner, as per his seniority. Hence, he prays for issuance of appropriate directions by this Court as well as to stipulate any time frame.
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6. Learned Additional Government Pleader appearing for the 1st respondent submitted that due to financial crisis, the 1st respondent is unable to mobilze funds and steps will be taken shortly, to sort out the grievances of the petitioner. However, he has no objection for issuance of appropriate directions by this Court in the above regard.
7. Based on the aforesaid submissions, it is evident that due to financial crisis, the retirement benefits / terminal benefits due to the petitioner were not settled. It could be seen that the petitioner reached the age of superannuation as early as on 30.11.2017 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 financial position of the petitioner, who retired from service, has to be kept in mind.
8. In such view of the matter, the 1st respondent is directed to allot necessary funds to the 2nd respondent for settling the dues of the petitioner, within a period of six (6) weeks from the date of receipt of a copy of this order. On such receipt, the 2nd respondent is directed to disburse the dues of 5/7
the petitioner forthwith along with 6% interest per annum.
9. With the above directions, this Writ petition stands disposed of. No costs. Consequently, the connected Miscellaneous petition is closed. 17.09.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
The Principal Secretary to Government, Government of Tamil Nadu, Handlooms, Handicrafts, Textiles and Khadi Department, Fort. St. George, Chennai - 600 009.
2.
The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, 1st Floor, Chennai House, Chennai - 600 104.
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A.D.JAGADISH CHANDIRA, J.
skt and WMP.No.38821 of 2025 17.09.2025 7/7