K.Vijayakumar v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and WMP.No.49690 of 2025 K.Vijayakumar
...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 600 108
...Respondents
Prayer- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Declaration, declaring that the action of the respondents in not paying the death cum retirement gratuity to its entirety, commuted value of pension, HRA and CCA component of the encashment of earned leave and encashment of unearned leave on private affairs to the petitioner consequent to his retirment on 30.06.2024 and not paying interest at the rate of 10% per annum on the delayed payment of
death cum retirement gratuity to its entirety, commuted value of pension, HRA and CCA component of the 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 percentage per annum on the delayed payment of death cum retirement gratuity to its entirety, commuted value of pension, Dearness Allowance and HRA and CCA component of the encashment of earned leave and encashment of unearned leave on private affairs and further direct the respondents to pay the withheld amount of death cum retirement gratuity to its entirety, commuted value of pension, HRA and CCA component of the encashment of earned leave 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.
For Petitioner :
Mr.Balan Haridas For Respondent :
Mr.V.Jeevagiridharan, AGP.
For R.1 :
Mr.C.Raja Kumar Standing Counsel for R.2.
ORDER
This writ petition has been filed for declaration declaring that the action of the respondents in not paying the death cum retirement gratuity to its entirety, commuted value of pension, HRA and CCA component of the encashment of earned leave and encashment of unearned leave on
private affairs to the petitioner as illegal and also to direct the respondents to pay the same with interest.
2. The petitioner served the second respondent Board in various capacities and retired from service on 30.06.2024. The petitioner was duly relieved from his service. Though the petitioner was sanctioned in respect of pension, the respondents failed to pay the commuted value of pension. Apart from the said amount, the second respondent ought to have settled dues towards the death cum retirement gratuity to its entirety, HRA and CCA component of the encashment of earned leave and encashment of unearned leave on private affairs. However, the petitioner was not settled any amount including the sanctioned amount. 3.
Heard the learned counsel appearing on the either side and perused the materials placed before this Court. 4.
The learned Additional Government Pleader and the learned Standing Counsel appearing for the respondents 1 and 2 respectively 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. 6.
With the above directions, this writ petition is allowed. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
20.11.2025 shr Index:Yes/No Speaking/Non-speaking order Internet:Yes
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, 1st Floor, Chennai House Chennai 600 108
G.K.ILANTHIRAIYAN, J.
shr and WMP.No.49690 of 2025 20.11.2025