R.Nallasivam v. The Accountant General (T.N.)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.11.2025 CORAM :
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and W.M.P(MD)No.20323 of 2025 R.Nallasivam
...Petitioner
-Vs1. The Accountant General (T.N.), The Accountant General Office, Tenampet, Chennai - 600 008.
2. The District Chief Educational Officer, District Chief Educational Office, Collectorate Campus, Thanthondrimalai, Karur - 639 007.
3. The District Educational Officer, (Primary Education), District Educational Office, Corporation Higher Secondary School Campus, Asad Road, Karur - 1.
4. The Block Educational Officer (Unit 1), Panchayat Union Middle School, Mahadhanapuram and Post, 1/6
5. The Head Master, Panchayat Union Primary School, Nathamedu, Renganathapuram Post,
6. K.Amsaveni
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a WRIT OF MANDAMUS forbearing the respondents 1 to 5 not to disburse any retirement/terminal benefits such as Special Provident Fund (SPF), General Provident Fund (GPF), Leave Salary, Death-cum-Retirement Gratuity (DCRG) including arrears and leave encashment salary etc., by considering the petitioner's representation dated 21.08.2025 For petitioner : Mr.A.Mohamedhaneef For Respondents : M/s.S.Mahalakshmi for R1 Mr.N.Satheesh Kumar Additional Government Pleader for R2 to R5
ORDER
This Writ Petition is filed to issue a WRIT OF MANDAMUS forbearing the respondents 1 to 5 not to disburse any retirement/terminal benefits such as Special Provident Fund (SPF), General Provident Fund (GPF), Leave Salary, Death-cum-Retirement Gratuity (DCRG) including arrears and 2/6
leave encashment salary etc., by considering the petitioner's representation dated 21.08.2025.
2. On the strength of an order of attachment, the present writ petition has been filed seeking to forbear the respondents 1 to 5 not to disburse any retirement or terminal benefits such as Special Provident Fund (SPF), General Provident Fund (GPF), Leave Salary, Death-cum-Retirement Gratuity (DCRG) including arrears and leave encashment salary.
3. In view of the order being passed, notice to the sixth respondent is dispensed with.
4. Learned Additional Government Pleader on instructions would submit that the sixth respondent had been placed under suspension on the strength of the disciplinary proceedings that is pending against him. His entitlement for any benefits can only be decided after the disposal of the disciplinary proceedings pending against him.
5. It has also been noted that there is an order of attachment which has also been served upon the official respondents, even if, after the disposal of the 3/6
disciplinary proceedings, the sixth respondent is entitled to any benefits, the same could also be only disbursed subject to the order of attachment of the benefits that had been made against the sixth respondent. It is also further to be noted that the Death cum Retirement Gratuity can not be the subject matter of any of attachment in a civil proceedings.
6. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 13.11.2025 Index : Yes/No Internet : Yes / No pnn 4/6
To
1. The Accountant General (T.N.), The Accountant General Office, Tenampet, Chennai - 600 008.
2. The District Chief Educational Officer, District Chief Educational Office, Collectorate Campus, Thanthondrimalai, Karur - 639 007.
3. The District Educational Officer, (Primary Education), District Educational Office, Corporation Higher Secondary School Campus, Asad Road, Karur - 1.
4. The Block Educational Officer (Unit 1), Panchayat Union Middle School, Mahadhanapuram and Post, 5/6
K.KUMARESH BABU.J.
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