T.Nagarajan v. Government Of Tamil Nadu

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.11.2025

CORAM:

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. Nos.48570, 48572 & 48575 of 2025 T.Nagarajan .... Petitioner in W.P. No.43392 of 2025 A.Rani .... Petitioner in W.P. No.43396 of 2025 K.Usharani .... Petitioner in W.P. No.43400 of 2025 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 in all W.Ps Common Prayer : Writ Petitions are filed under Article 226 of the Constitution of India praying to issue 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 to his/her retirement on 31.07.2015, 30.09.2022 and 31.05.2016 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.

For petitioner : Mr.Balan Haridas (in all W.Ps) For R1 : Mr.R.U.Dinesh Rajkumar (in all W.Ps) Additional Government Pleader For R2 : Mr.C.Rajakumar (in all W.Ps) Standing Counsel - - - - - - COMMON ORDER These writ petitions have been filed for declaration declaring that the action of the respondents in not paying the 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. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first respondent. Perused the materials available on record.

3. The petitioner in these writ petitions have joined in the service of the 2nd respondent and retired from service on attaining the age of superannuation, on various dates respectively. The petitioners were duly relieved from their respective services. Though the petitioners were sanctioned in respect of

pension, the respondents failed to pay the same. However, the petitioners were not settled any amount including the sanctioned amount.

4. Learned Additional Government Pleader appearing for the 1st respondent submitted that due to financial crisis, the 1st respondent is unable to mobilize funds and steps will be taken, shortly to sort out the grievances of the petitioners. However, he has no objection for issuance of appropriate directions by this Court in the above regard.

5. 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 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. Therefore, the said reason cannot be accepted by this Court and the petitioners, who were retired personnel's financial position have to be kept in mind.

6. In such view of the matter, the 1st respondent is directed to allot necessary funds to the 2nd 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 2nd respondent is directed to disburse the dues of the petitioners forthwith with applicable interest.

7. With the above directions, all these writ petitions are allowed. Consequently, connected miscellaneous petitions are closed. No costs. 18.11.2025 Internet:Yes/No Index:Yes/No Speaking/Non-speaking order Lpp 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, 1st Floor, Chennai House, Chennai - 600 104.

G.K.ILANTHIRAIYAN, J Lpp 18.11.2025