P.Simson v. The Additional Chief Secretary to Government

ORDER

This writ petition has been filed seeking a writ of mandamus directing the second respondent to implement G.O.(1P)No.387 Rural Development and Panchayat Raj (E7) Department, dated 18.10.2024 and to disburse the arrears of salary/monetary benefits, for which, the petitioner would be entitled to, as already ordered vide the proceedings No.A5/720/2025 dated 20.05.2025.

¶2In response to the notice issued by this Court, the fourth respondent filed a counter affidavit contending that the petitioner would be entitled for an amount of Rs.6,28,907/-. But the same could not be disbursed to the petitioner as the petitioner owes an amount of Rs.9,24,127/- being the loan amount availed by the petitioner from Sp.Spl.121, Watrap Panchayat Union Teachers Employees Co-operative Thrift Credit Society. In case, if the petitioner clears the said loan, an amount of Rs.6,28,907/- would be disbursed in favour of the petitioner. The relevant paragraph of the counter affidavit reads as under: ''I respectfully state that as on date, the pending loan amount payable to the society by the petitioner is Rs.9,24,127/-. If the petitioner produced No-objection Certificate from the said society, then the arrears of salary amount Rs.6,28,907/- will be disbursed, failing which, the said amount will be withheld towards the pending loan amount. The second option for recovery of the loan amount is to recover the same from the monthly pension of the petitioner as per the relevant rules under the Tamilnadu Pension Rules, 1978.''

¶3In response to the same, Mr.S.Visvalingam, learned counsel for the petitioner submits that the petitioner has already cleared the said loan amount while he was in service itself and therefore, the respondents are not justified in withholding the amounts which are due and payable to the petitioner in terms of G.O.(1P) No.387 Rural Development and Panchayat Raj (E7) Department dated 18.10.2024.

¶4If that be the case, the petitioner can produce No Due Certificate before the respondents by obtaining the same from the abovesaid society and in case, if the petitioner produces any such No Due Certificate from the said society, the respondents would be under obligation to disburse the amount of Rs.6,28,907/- to the petitioner.

¶5The learned counsel for the petitioner also submits that the petitioner would obtain No Due Certificate from the said Society and produce the same before the second respondent and make a request for disbursing the said amount.

¶6In the light of the above, this writ petition is disposed of permitting the petitioner to obtain No Due Certificate from the abovesaid society and produce the same before the second respondent and on production of such No Due Certificate by the petitioner and on verification of the truth or otherwise of the said No Due Certificate, the second respondent shall disburse an amount of Rs.6,28,907/- to the petitioner within a period of two weeks from the date of submission of such No Due Certificate by the petitioner. No costs.

21.07.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM To,

¶1The Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai 600 009.

¶2The District Collector, Virudhunagar District, Virudhunagar.

¶3The Commissioner of Panchayat Union, Sattur, Virudhunagar District.

¶4The Block Development Officer (Village Panchayat), Tiruchuli at Reddiyapatti, Tiruchuli Taluk, Virudhunagar District. MUMMINENI SUDHEER KUMAR,J CM

WP(MD) No.25602 of 2025 21/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21/07/2026 CORAM THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR P.Simson ... Petitioner Vs 1. The Additional Chief Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai 600 009. 2. The District Collector, Virudhunagar District, Virudhunagar. 3. The Commissioner of Panchayat Union, Sattur,Virudhunagar District. 4. The Block Development Officer (Village Panchayat), Tiruchuli at Reddiyapatti, Tiruchuli Taluk, Virudhunagar District. ... Respondents PRAYER:- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the second respondent i.e., the District Collector, Virudhunagar to implement the G.O.(1P) No.387 Rural Development and Panchayat Raj (E7) Department dated 18.10.2024 and make necessary arrangements for the disbursement of the monetary benefits to the petitioner as already ordered by the Panchayat Union Commissioner, Sattur in his proceedings No.A5/720/2025 dated 20.05.2025, within a specified time frame that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam For R1 to R3 : Mrs.K.Porkodi Government Pleader For R4 : Mr.M.Dinesh Hari Sudarsan Counsel for Government of Tamil Nadu(Civil Side)