K.Navukkarasu (Retd Estate Clerk) v. The Administrator General and Official Trustee of Tn

ORDER The present writ petition has been instituted challenging the order dated

17.06.2021 issued by AG&OT and to disburse the terminal benefits.

¶2The writ petitioner was appointed as Estate Clerk by AG&OT on Page2 of 4 temporary basis on consolidated pay salary vide proceedings dated

17.03.1989. He had retired from service on 31.05.2018. The services of the petitioner are utilised for collection of rent in respect of the properties belongs to the Trust of MM Charities (Maligai Merchant Charities). The appointment order dated 17.03.1989 would show that the petitioner was appointed temporarily on consolidated pay salary of Rs.600/- per month and the services are liable to be discharged at any time without prior notice and without assigning any reason. However, on account of long service rendered by the petitioner, allowances and other benefits were also granted to him along with the salary. He served till 2018 and after a lapse of 3 years from the date of his retirement, he filed the present writ petition claiming terminal benefits.

¶3The petitioner states that he is entitled for the scale of pay and monetary benefits based on the VII Pay Commission revision as done to the government servants by the Government of Tamil Nadu.

¶4The very claim set out in the writ petition is untenable in view of the fact that the writ petitioner is not a government servant nor the government pay commission revision effected by the Government of Tamil Nadu is applicable. Pertinently, the Pay Commission benefits are neither adopted in respect of such Clerks engaged by AG&OT or order has been passed extending the benefit of Pay Commission to the writ petitioner while he was in service. It is an appointment made by AG&OT to look after the property and to recover the rent, for which, the salary was fixed by the AG&OT and other allowances are fixed and paid to him. Page3 of 4

¶5Learned counsel for the respondent would submit that the petitioner has involved in misappropriate of funds of the Estate to the tune of Rs.4,55,875/- and after initiating disciplinary proceedings, the said misappropriated amount was recovered from his terminal benefits. His terminal benefits was calculated as Rs.5,19,013/- and after deducting the misappropriated amount, balance amount was settled in his favour. Thus, he is not entitled for any further benefits from the AG&OT.

¶6In the absence of any agreement/ service condition regarding payment of terminal benefits by applying the government scale, High Court in exercise of power of judicial review, cannot extend the government pay benefits to a Clerk engaged by AG&OT to look after the Trust properties. Thus, the very basis for institution of the present writ proceedings is misconceived and thus, the petitioner is not entitled for the relief as sought for in the present writ petition. Consequently, the Writ Petition stands dismissed. No costs. The connected miscellaneous petitioner is closed. 17-07-2026 Index: Yes/No Speaking/Non-speaking order VSI To The Administrator General and Official Trustee of Tamil Nadu City Civil Court Annex Building, High court Campus, Chennai - 600 104. WPoNo.o16893oofo2021 S.M.SUBRAMANIAM,eJ. vsi WPeNo.e16893eofe2021 17-07-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM and W.M.P.No.22245 of 2021 K.Navukkarasu (Retd Estate Clerk) S/o. V. Kalimuthu, Old No. 10, New No. 21, Kannagi Street, Anna Nedumpathai, Choolaimedu, Chennai - 600 094. ..Petitioner(s) Vs The Administrator General and Official Trustee of Tamil Nadu City Civil Court Annex Building, High court Campus, Chennai - 600 104. ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings of the Respondent bearing Dis No. 999 / 2021 / S7 dated 17.06.2021 and quash the same and consequently direct the Respondent to disburse the Retirement benefits including Death Cum Retirement Gratuity, VII Pay Commission Arrears and Pensionary benefits from 01.06.2018 till this day. For Petitioner(s): Mr.K.Venkateswaran For Respondent(s): Mr. M.R.Jothimanian for R1.