High Court · 2025

W.P. No.35738 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 23.09.2025CORAM:THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRAW.P. No.35738 of 2025andW.M.P. No.40001 of 2025R. Indrasittu... Petitionervs.1. Government of Tamil NaduRep. 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 Prayer : Writ Petition 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 death cum retirement gratuity to its entirety, commuted value of 1/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025pension and encashment of earned leave and encashment of unearned leave on private affairs to the petitioner consequent to his retirement on 30.04.2019 and not paying interest at the rate of 10% per annum on the delayed payment of Commuted value of pension, Death cum Retirement Gratuity, 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% per annum on the delayed payment of Commuted value of pension, Death cum Retirement Gratuity, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs and further direct the respondents to pay the withheld amount of commuted value of pension, Death cum Retirement Gratuity, Encashment of Earned Leave 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 HaridasFor Respondents : Mr.R.U. Dinesh Raj KumarAddl. Govt. Pleader for R1Mr.C. Rajakumar, Standing Counsel for R2. - - - - - - ORDER This writ petition has been filed to declare the action of the respondents in not paying the death cum retirement gratuity to its entirety, commuted value of pension and encashment of earned leave and encashment of unearned leave 2/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025on private affairs to the petitioner consequent to his retirement on 30.04.2019 and not paying interest at the rate of 10% per annum on the delayed payment of Commuted value of pension, Death cum Retirement Gratuity, 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% per annum on the delayed payment of Commuted value of pension, Death cum Retirement Gratuity, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs and further direct the respondents to pay the withheld amount of commuted value of pension, Death cum Retirement Gratuity, Encashment of Earned Leave and encashment of unearned leave on private affairs to the petitioner within a time frame 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. 2. The petitioner joined the service of the 2nd respondent and retired from service on 30.04.2019. It is the contention of the petitioner that the 2nd respondent has to pay part of the Death cum Retirement Gratuity, commutation of pension, encashment of earned leave and encashment of unearned leave on private affairs and to pay interest on the delayed payments, as stated supra. It is the grievance of the petitioner that inspite of repeated requests made by the 3/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025petitioner, the aforesaid payments were not paid and in that situation, the petitioner has come up before this Court with the aforesaid prayer. 3. Heard the learned counsel appearing on the either side and perused the materials placed before this Court.4. Learned Standing Counsel appearing for the 2nd respondent submits that the 2nd respondent has addressed various letters to the 1st respondent for allotment of funds and the same has already been informed to the petitioner. Further, he submits that only on allocation of funds, the 2nd respondent will be in a position to settle the dues of the petitioner, as per seniority. Hence, he prays for issuance of appropriate directions by this Court in the above regard. 5. Mr.R.U. Dinesh Raj Kumar, learned Additional Government Pleader appearing for the 1st respondent, would submit 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 petitioner. However, he has no objection for issuance of appropriate directions by this Court in the above regard. 6. Based on the aforesaid submissions, it is evident that due to financial crisis, the retiral benefits / terminal benefits due to the petitioner have not been settled by the respondents. It could be seen that the petitioner retired from 4/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025service prior to six years and the reason of financial distress cannot serve as a ground for making this kind of belated payment. Further, the pitiable plight of the petitioner (retired employee) has to be kept in mind and the aforesaid reason cited by the State for making payments belatedly cannot be countenanced. 7. In such view of the matter, the 1st respondent is directed to allot necessary funds to the 2nd respondent for settling dues to the petitioner, within a period of twelve 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 petitioner forthwith with applicable interest.8. With the above directions, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 23.09.2025Index:Yes/NoSpeaking/Non-speaking orderNeutral Citation : Yes/Novsi25/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025 A.D. JAGADISH CHANDIRA, J.vsi2To 1. The Principal Secretary to Government, Government of Tamil NaduHandlooms, 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.W.P. No.35738 of 2025andW.M.P. No.40001 of 202523.09.20256/6

W.P. No.35738 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 23.09.2025CORAM:THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRAW.P. No.35738 of 2025andW.M.P. No.40001 of 2025R. Indrasittu... Petitionervs.1. Government of Tamil NaduRep. 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 Prayer : Writ Petition 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 death cum retirement gratuity to its entirety, commuted value of 1/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025pension and encashment of earned leave and encashment of unearned leave on private affairs to the petitioner consequent to his retirement on 30.04.2019 and not paying interest at the rate of 10% per annum on the delayed payment of Commuted value of pension, Death cum Retirement Gratuity, 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% per annum on the delayed payment of Commuted value of pension, Death cum Retirement Gratuity, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs and further direct the respondents to pay the withheld amount of commuted value of pension, Death cum Retirement Gratuity, Encashment of Earned Leave 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 HaridasFor Respondents : Mr.R.U. Dinesh Raj KumarAddl. Govt. Pleader for R1Mr.C. Rajakumar, Standing Counsel for R2. - - - - - - ORDER This writ petition has been filed to declare the action of the respondents in not paying the death cum retirement gratuity to its entirety, commuted value of pension and encashment of earned leave and encashment of unearned leave 2/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025on private affairs to the petitioner consequent to his retirement on 30.04.2019 and not paying interest at the rate of 10% per annum on the delayed payment of Commuted value of pension, Death cum Retirement Gratuity, 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% per annum on the delayed payment of Commuted value of pension, Death cum Retirement Gratuity, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs and further direct the respondents to pay the withheld amount of commuted value of pension, Death cum Retirement Gratuity, Encashment of Earned Leave and encashment of unearned leave on private affairs to the petitioner within a time frame 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. 2. The petitioner joined the service of the 2nd respondent and retired from service on 30.04.2019. It is the contention of the petitioner that the 2nd respondent has to pay part of the Death cum Retirement Gratuity, commutation of pension, encashment of earned leave and encashment of unearned leave on private affairs and to pay interest on the delayed payments, as stated supra. It is the grievance of the petitioner that inspite of repeated requests made by the 3/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025petitioner, the aforesaid payments were not paid and in that situation, the petitioner has come up before this Court with the aforesaid prayer. 3. Heard the learned counsel appearing on the either side and perused the materials placed before this Court.4. Learned Standing Counsel appearing for the 2nd respondent submits that the 2nd respondent has addressed various letters to the 1st respondent for allotment of funds and the same has already been informed to the petitioner. Further, he submits that only on allocation of funds, the 2nd respondent will be in a position to settle the dues of the petitioner, as per seniority. Hence, he prays for issuance of appropriate directions by this Court in the above regard. 5. Mr.R.U. Dinesh Raj Kumar, learned Additional Government Pleader appearing for the 1st respondent, would submit 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 petitioner. However, he has no objection for issuance of appropriate directions by this Court in the above regard. 6. Based on the aforesaid submissions, it is evident that due to financial crisis, the retiral benefits / terminal benefits due to the petitioner have not been settled by the respondents. It could be seen that the petitioner retired from 4/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025service prior to six years and the reason of financial distress cannot serve as a ground for making this kind of belated payment. Further, the pitiable plight of the petitioner (retired employee) has to be kept in mind and the aforesaid reason cited by the State for making payments belatedly cannot be countenanced. 7. In such view of the matter, the 1st respondent is directed to allot necessary funds to the 2nd respondent for settling dues to the petitioner, within a period of twelve 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 petitioner forthwith with applicable interest.8. With the above directions, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 23.09.2025Index:Yes/NoSpeaking/Non-speaking orderNeutral Citation : Yes/Novsi25/6 https://www.mhc.tn.gov.in/judis W.P. No.35738 of 2025 A.D. JAGADISH CHANDIRA, J.vsi2To 1. The Principal Secretary to Government, Government of Tamil NaduHandlooms, 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.W.P. No.35738 of 2025andW.M.P. No.40001 of 202523.09.20256/6