P.Usharani v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.43175 of 2025 and WMP.No.48315 of 2025 P.Usharani ... 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, KURALAGAM, CHENNAI-600 108.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for 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 on his retirement on 31.03.2019 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 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 1/6
For Petitioner : Mr.Balan Haridas For Respondents For R1 : Mr.R.U.Dinesh Rajkumar, Additional Government Pleader For R2 : Mr.K.Rajkumar, Standing Counsel
O R D E R
This writ petition has been filed for 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 on his retirement on 31.03.2019 as illegal, arbitrary and contrary to law and consequently to 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 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 2.
It is seen that in a similar writ petition in WP.no.41215 of 2025, this Court by order dated 04.11.2025 passed order in favour of the petitioner therein by directing to disburse the dues. The relevant portion of the said order is extracted hereunder:
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"4.The learned Additional Advocate General appearing for the respondents submitted that due to financial crisis the second respondent addressed the first respondent for allotment of funds. The second respondent also replied that immediately after allotment of funds from the first respondent, the petitioner will be settled with all benefits as per seniority. However, so far the first respondent belated to allot the funds to the second respondent to settle the terminal benefits to its employees. If the first respondent allotted funds to the second respondent so that, the second respondent can settle the dues to the retired employees.
5.
In view of the above, the first respondent is directed to allot the funds in favour of the second respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to disburse the dues to the petitioner forthwith with applicable interest." Therefore, the same order is passed in this writ petition as well.
3. Accordingly, the first respondent is directed to allot funds in favour of the second respondent within a period of four weeks from the 3/6
date of receipt of a copy of this order. On receipt of the same, the second respondent is directed to disburse the dues to the petitioner forthwith with applicable interest."
4.
With the above directions, this writ petition is allowed. Consequently, the connected miscellaneous petition is closed. There shall be no order as to costs.
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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, KURALAGAM, CHENNAI-600 108 5/6
G.K.ILANTHIRAIYAN, J.
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