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Madras High CourtWP(MD)/35076/2025allowed

A.Edwin Rabi v. The Commissioner Of Handlooms And Textiles Department

2026-01-07Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2026 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI A.Edwin Rabi ... Petitioner Vs.

1.The Commissioner of Handlooms and Textiles Department O/o the Commissioner of Handlooms and Textiles Kuralagam, II Floor, Chennai-600 108.

2.The Assistant Director of Handlooms O/o Assistant Director of Handlooms No.15, 2nd Floor, District Collectorate Annexure Building Nagercoil-629 001.

3.The Managing Director Vannanpottavilai Hand-loom Weavers Co-Operative (Production & Sales) Society Ltd., No.3130, Palliyadi-629 169 Kanyakumari District.

4.The Regional Provident Fund Commissioner, Kanyakumari District.

... Respondents (R4 is suo motu impleaded vide Court order dated 15.12.2025 in WP.(MD)No.35076 of 2025) 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, to to direct the respondents settle forthwith the petitioners differential arrears of salary for the period 01.04.2016 to 31.05.2017 and the retirements benefits with interest by considering his representations dated 22.02.2021 and 24.08.2023. For Petitioner : Mr.M.F.Rooshi Maas, for M/s.Isaac Chambers For R1 & R2 : Mr.C.Venkatesh Kumar, Special Government Pleader.

For R3 : Mr.S.M.Mohan Gandhi

ORDER

The petitioner who served as Salesman in the third respondent Society has retired from service on attaining superannuation on 31.05.2017. The petitioner claims that he has rendered 34 years of service in the respondent Society. However, retirement benefits has not been settled to the petitioner from 2/6

2017. Apart from the retirement benefits, there is some dues with regard to the arrears of salary between the years 2016 and 2017 as per the wage settlement and therefore, the petitioner has submitted representations on 22.02.2021 and 24.08.2023 and has approached this Court seeking a direction to the respondents to settle the petitioner's retirement benefits together with interest and arrears of salary for the period from 01.04.2016 to 31.05.2017. 2.The learned counsel appearing for the third respondent expressed certain financial difficulties that the amount due to this petitioner from the Government for the past four years has not been settled and therefore, the society is under distress and they are not in a position to pay the retirement benefits due to this petitioner. He further submits that gratuity amount due to this petitioner, ie., 2,62,674/- has already been paid. However, for the balance amount, they are in financial constraints and therefore, they seek some time to settle the amount.

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3.This Court has considered the submissions made on either side and perused the available records.

4.It is very unfortunate that the petitioner who served 34 years and retired from service in the year 2017 has not been paid the retirement benefits due to him for the past 8 years. Therefore, this writ petition is allowed with a direction to the respondents to pay the retirement benefits due to this petitioner together with interest at the rate of 8% and the differential amount, if any, in between 01.04.2016 and 31.05.2017, within a period of eight weeks from the date of receipt of a copy of this order. No costs. 07.01.2026 NCC : Yes/No Index : Yes/No Internet:Yes gns 4/6

To 1.The Commissioner of Handlooms and Textiles Department O/o the Commissioner of Handlooms and Textiles Kuralagam, II Floor, Chennai-600 108.

2.The Assistant Director of Handlooms O/o Assistant Director of Handlooms No.15, 2nd Floor, District Collectorate Annexure Building Nagercoil-629 001.

3.The Managing Director Vannanpottavilai Hand-loom Weavers Co-Operative (Production & Sales) Society Ltd., No.3130, Palliyadi-629 169 Kanyakumari District.

4.The Regional Provident Fund Commissioner, Kanyakumari District.

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B.PUGALENDHI,J gns 07.01.2026 6/6