M.Sanjeevi v. Government of Tamil Nadu

Order The above writ petition has been filed to declare 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 after his retirement, is illegal, arbitrary and contrary to law and also to direct the respondents to pay his above entitlements along with 10% interest per annum, within the time frame fixed by this Court.

¶2The petitioner had joined the service of the second respondent on

28.08.1993 and had retired on 31.05.2016. The only grievance of the petitioner is that the second respondent had failed to pay his entitlements namely the commuted value of pension and encashment of unearned leave on private affairs etc., and the details of the same are tabulated hereunder: Page3 of 6 Sl. No. Description Amount (Rs.)

¶1Commuted Value of Pension 3,92,767

¶2Encashment

of Unearned Leave on private affairs 75,000 Total 4,67,767 In this regard, the petitioner had submitted several representations to the respondents, requesting them to settle his terminal benefits. Since there was no response, the petitioner filed W.P.(MD) No.8151 of 2021 before the Madurai Bench of this Court seeking a direction to the respondents to pay the commuted value of pension and to settle the unearned leave salary. The said writ petition was disposed of by an order dated 26.04.2021 directing the respondents to consider his representation and pass appropriate orders. Pursuant to the said order, the 1st respondent gave a reply dated 03.09.2021 stating that on receiving the funds from the Government, the commutation of pension would be paid and that in respect of the payment of unearned leave on private affairs, permission had been sought from the Government and after receiving orders from the Government, the same would be paid. However, no payments have been made till date. The petitioner would also contend that since he was deprived of his terminal benefits for more than 5 years despite the order having been passed, the respondents are liable to pay interest at the rate of 10% per annum for the delayed payment. Page4 of 6

¶3Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing on behalf of the first respondent and the learned Standing Counsel appearing for the second respondent.

¶4The learned counsel for the petitioner would submit that the petitioner is giving up his right to claim interest on the commutation of pension. However, the petitioner is entitled to receive interest at the rate of 4% on the unearned leave (UEL) encashment.

¶5Taking into account the above submissions of the learned counsel appearing for the petitioner, the first respondent is directed to allocate the funds in favour of the second respondent and on receipt of the same, the second respondent is directed to disburse the commuted value of pension due to the petitioner and also the unearned leave (UEL) encashment. The petitioner shall be entitled to interest at the rate of 4% per annum only on the unearned leave

(UEL) encashment. The aforesaid exercise shall be completed within a period of two months from the date of receipt of a copy of this order. It is needless to state that, if any amount which the petitioner is entitled to has already been disbursed, the same shall be given credit to and the balance paid. Page5 of 6

¶6With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02-07-2026 Index: Yes/No Speaking/Non-speaking order SRN To

¶1The Principal Secretary to Government Government Of Tamil Nadu Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai-09

¶2The Chief Executive Officer Tamil Nadu Khandi and Village Industries Board Chennai House 1st Floor, Chennai-104. WPoNo.o24870oofo2026 P.T.ASHAoJ. SRN WPoNo.o24870oofo2026 AND WMPoNO.o27134oOFo2026 02-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 27134 OF 2026 M.Sanjeevi ..Petitioner(s) Vs 1. Government Of Tamil Nadu Rep.by its Principal Secretary to Government Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai-09 2. The Chief Executive Officer Tamil Nadu Khandi and Village Industries Board Chennai House 1st Floor, Chennai-104. ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for 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 on his 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 became due till the date of actual disbursement. Page2 of 6 For Petitioner(s): Mr.Balan Haridas For Respondent(s): Mr.A.R.Balaji Government Advocate – R1 Mr.C.Rajakumar Standing Counsel - R2