K.Devaraj v. Government of Tamilnadu

ORDER This petition has been filed 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 his retirement on 31.05.2023 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.

¶2By consent, the writ petitions are taken up for final disposal at the admission stage itself.

3.The petitioner has joined in the service of the second respondent and retired from service on 31.05.2023. The petitioner was duly relieved from his service. Though the petitioner was sanctioned in respect of pension, the respondents failed to pay commuted value of pension and encashment of unearned leave on private affairs.

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

5.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.

¶6Based 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.

¶7In such view of the matter, the first respondent is directed to allot necessary funds to the second respondent for settling dues to the petitioner, 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 petitioner forthwith with applicable interest.

¶8With the above directions, the writ petitions are disposed of. No costs. 25-02-2026 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.Government of Tamilnadu Rep by its Principal secretary to Government Handlooms, Handicrafts, Textiles and Khadi Department Fort St.George, Chennai-600 009

2.The Chief Executive officer Tamilnadu Khadi And Village Industries Board, Kuralagam, Chennai -600 108 M.DHANDAPANI J. rli 25-02-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2026 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI K.Devaraj Petitioner(s) Vs 1. Government of Tamilnadu Rep by its Principal Secretary to Government Handlooms, Handicrafts, Textiles and Khadi Department Fort St.George, Chennai-600 009. 2.The Chief Executive officer Tamilnadu Khadi And Village Industries Board, Kuralagam Chennai -600 108 Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue 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 his retirement on 31.05.2023 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. For Petitioner(s): M/s.Balan Haridas For Respondent: Mr.R.Ramanlal AAG Assisted by Mr.Yokesh Kannadasan, SGP R1 Mr.C.Rajkumar R2