A.Sundaravadivel 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 W.P.No s .44549, 44551, 44552, 44746, 44748 & 44750 of 2025 [WP.No.

44549 of 2025] A.Sundaravadivel ...

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 Constitution of India for the issuance of Writ of Declaration, declaring the action of the

Respondents in not paying the commuted value of pension and encashment of unearned lave on private affairs to the petitioner consequent on his retirement on 31.10.2020 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 Honble Court along with interest at the rate of 10 percent per annum form the date when the terminal benefits became due till the date of actual disbursement.

In All WPs.

For Petitioner :

Mr.Balan Haridas For Respondent :

Mr.Yogesh Kannadasan, Spl GP.

For R.1 :

Mr.C.Raja Kumar Standing Counsel for R.2.

COMMON

ORDER

Writ Petition Nos.44552, 44549, 44746 & 44750 of 2025 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 petitioners as illegal and also to direct the

respondents to pay the same with interest.

2. Writ Petition Nos.44551 & 44748 of 2025 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 (HRA and CCA Component) and encashment of unearned leave on private affairs to the petitioners as illegal and also to direct the respondents to pay the same with interest.

3. The petitioners in these writ petitions served the second respondent Board in various capacities and retired from service on different dates. The petitioners were duly relieved from their services. Though the petitioners were 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 encashment of unearned leave on private affairs and encashment of unearned leave (HRA and CCA component). However, the petitioners

were not settled any amount including the sanctioned amount. 4.

Heard the learned counsel appearing on the either side and perused the materials placed before this Court. 5.

The learned Special Government Pleader and the learned Standing Counsel 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 petitioners 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.

6.

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 petitioners forthwith with applicable interest. 7.

With the above directions, these writ petitions are allowed. There shall be no order as to costs.

20.11.2025 shr Index:Yes/No Speaking/Non-speaking order Internet:Yes Note:- Registry is directed to incorporate Cause title for all the cases and issue order copy.

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

G.K.ILANTHIRAIYAN, J.

shr W.P.No.44549, 44551, 44552, 44746, 44748 & 44750 of 2025

20.11.2025