G.Kumar v. Government of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-01-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP Nos. 1873, 1887, 1866 and 1886 of 2026 W.P.No.1873 of 2026 G.Kumar S/o. N.Govindasamy (Late) No. 1/ 484/ 6 Vinayaga Nagar, Vidhaipannai Opposite, Kurupanaickenpalayam Bhavani Taluk, Erode 638 301 ..Petitioner(s) Vs

¶1Government of Tamil Nadu rep. by its Principal Secretary to Government Department, Tamil Nadu Khadi and Village Industries Board , ..Respondent(s) Page1 of 8 WP No. 1887 of 2026 S. Dhanalakshmi W/o S. Chandrasekaran No 347/270, Agrahara Street Erode 638 001 ..Petitioner(s) Vs

¶1Government of Tamil Nadu rep. by its Principal Secretary to Government department, Tamil Nadu Khadi and Village Industries Board , ..Respondent(s) WP No. 1866 of 2026 R.Thilagavathi W/o. M.Vengatachalam, No. 3/603 , Kooturavunagar, Sullipalayam post, Thudupathi via, Erode 638 057 ..Petitioner(s) Vs

¶1Government of Tamil Nadu rep. by its Principal Secretary to Government department, Page2 of 8 Tamil Nadu Khadi and Village Industries Board , ..Respondent(s) WP No. 1886 of 2026 J. Jayakumar S/o jayaraj M 731, Muthampalayam Housing Unit Phase 3, Kasipalayam Post Erode 638 009 ..Petitioner(s) Vs

¶1Government of Tamil Nadu rep. by its Principal Secretary to Government department, Tamil Nadu Khadi and village Industries Board , ..Respondent(s) Prayer in WP No. 1873 of 2026: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration declaring 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 to her retirement on 31.03.2020 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 Page3 of 8 frame stipulated by this Honble 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. 1887 of 2026: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration declaring 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 to her retirement on 31.05.2016 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 from the date when the terminal benefits become due till the date of actual disbursement. Prayer in WP No. 1866 of 2026 : The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration declaring 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 to her 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 from the date when the terminal benefits become due till the date of actual disbursement. Prayer in WP No. 1886 of 2026: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Declaration declaring 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 to her retirement on 31.05.2018 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 from the date when the terminal benefits become due till the date of actual disbursement. Page4 of 8 For Petitioner(s): in all W.Ps. Mr. Balan Haridas For Respondent(s): in all W.Ps. Mr. R. U. Dinesh Raj Kumar Additional Government Pleader for R1 Mr. C. Raj Kumar, Standing Counsel for R2 COMMON ORDER By consent, the writ petitions are taken up for final disposal at the admission stage itself.

¶2These 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 respective petitioners as illegal and also to direct the respondents to pay the same with interest.

3.The issue that arises for consideration in these writ petitions is one and the same and therefore, this Court is inclined to pass a common order.

4.The petitioner in these writ petitions have joined in the service of the second respondent and retired from service on 31.03.2020, 30.04.2016,

31.05.2019 and 31.05.2018, respectively. The petitioners were duly relieved from their respective services. Though the petitioners were sanctioned in respect Page5 of 8 of pension, the respondents failed to pay commuted value of pension and encashment of unearned leave on private affairs.

5.Heard the learned counsel appearing on the either side and perused the materials placed before this Court.

6.The learned Additional Government Pleader submitted that due to financial crisis, the first respondent is unable to mobilze funds and further submitted that the second respondent has addressed various letters to the first respondent for allotment of funds and the same was also informed to the petitioners. Further, he submits that only on allocation of funds, the second respondent will be in a position to settle the dues of the petitioners, as per their seniority. Hence, he prays for issuance of appropriate directions by this Court as well as to stipulate any time frame.

¶7Based on the aforesaid submissions, it is evident that due to financial crisis, the retiral benefits / terminal benefits due to the petitioners were not settled. It could be seen that the petitioners herein were retired from service prior to four years and the reason of financial distress cannot serve as a ground for making this kind of belated payments. Therefore, the said reason cannot be accepted by this Court and the petitioners, who were retired personnel's financial position have to be kept in mind. Page6 of 8

¶8In such view of the matter, the first respondent is directed to allot necessary funds to the second respondent for settling dues to the petitioners, within a period of six weeks from the date of receipt of a copy of this order. On such receipt, the second respondent is directed to disburse the dues of the petitioners forthwith with applicable interest.

¶9With the above directions, the writ petitions are disposed of. No costs. 29-01-2026 Index: Yes/No Speaking/Non-speaking order uma To

¶1Principal Secretary to Government Government of Tamil Nadu department, Tamil Nadu Khadi and village Industries Board , Page7 of 8 WPoNo.o1873oofo2026 M.DHANDAPANIoJ. uma WPoNos.o1873,o1887,o1866oando1886oofo2026 29-01-2026 Page8oofo8