High Court · 2025

W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.11.2025CORAMTHE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANW.P.No s .44554, 44556, 44558, 44561 & 44563 of 2025 andWMP.Nos.49706, 49710, 49709, 49711 & 49713 of 2025K.Rajendran ...Petitioner in WP.No.44554 of 2025G.Venkatesan...Petitioner in WP.No.44558 of 2025M.Vasantha...Petitioner in WP.No.44556 of 2025A.Thiyagarajan...Petitioner in WP.No.44561 of 2025P.Subbian ...Petitioner in WP.No.44563 of 2025Vs.1.Government Of Tamil Nadu Rep. By Its Principal Secretary To Government, Handlooms, Handicrafts, Textiles And Khadi Department, Fort St George, Chennai 600 009Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 20252.The Chief Executive OfficerTamil Nadu Khadi And Village Industries Board, Kuralagam, Chennai 600 108 ..Respondents in all WPs.Prayer in WP.No.44554 :- 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 commuted value of pension and encashment of unearned leave on private affairs to the petitioner consequent on his retirement on 31.10.2021 as illegal, arbitrary and contrary to law and consequently direct the respondents to pay commuted value of pension and encashment 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.Prayer in WP.No. 44558 :- 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 Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 2025consequent on his retirement on 31.01.2016 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.Prayer in WP.No. 44556 :- 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 31.08.2019 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.Prayer in WP.No. 44561 :- 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 Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 2025and encashment of unearned lave on private affairs to the petitioner consequent on his retirement on 31.03.2017 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.Prayer in WP.No. 44563 :- 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 31.05.2019 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 WP. Nos.44554, 44556 & 44558 of 2025 . Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 2025For Petitioner:Mr.Balan HaridasFor Respondent:Mr.R.U.Dinesh Rajkumar, AGP.For R.1: Mr.C.Raja KumarStanding Counsel for R.2.In WP. Nos.44561 & 44563 of 2025 . For Petitioner:Mr.Balan HaridasFor Respondent:Mr.K.Surendran, AGP.For R.1: Mr.C.Raja KumarStanding Counsel for R.2.COMMON ORDER These writ petitions 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. Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 20252. 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 However, the petitioners were 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 submitted that due to financial crisis the second respondent addressed the first respondent for Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 2025allotment 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.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 petitioners forthwith with applicable interest. 6.With the above directions, these writ petitions are allowed. Consequently, connected miscellaneous petitions are closed. There shall Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 2025be no order as to costs. 20.11.2025shrIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoTo1.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 OfficerTamil Nadu Khadi And Village Industries Board, Kuralagam, Chennai 600 108.Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 2025G.K.ILANTHIRAIYAN, J.shrPage 9 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.44554, 44556, 44558, 44561 & 44563 of 2025W.P.No s .44554, 44556, 44558, 44561 & 44563 of 2025 andWMP.Nos.49706, 49710, 49709, 49711 & 49713 of 202520.11.2025Page 10 of 10