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B.Balakrishnan v. the Secretary to Government

Madras HC10 Feb 2026WP/33668/2025

Case brief

AI extract

What is this about?

Retirement benefits; pension; Death-cum-Retirement Gratuity; arrears of pension; interest @ 12% p.a.; compassionate appointment; Store Keeper; Male Nursing Assistant; disciplinary proceedings unconcluded at retirement; cut in pension Rs.200/-; Tamil Nadu Civil Services (Disciplines & Appeal) Rules 17(b); representations unanswered; Writ of Mandamus; Article 226 Constitution of India; Madras High Court; WP No. 33668 of 2025; direction to settle terminal benefits within twelve weeks; disposed of; no costs.

What did the court decide?

Direction to the respondents to settle the terminal benefits, including pension, if any, within twelve (12) weeks from the date of receipt of a copy of the order, if not already settled; writ petition disposed of with no costs and connected miscellaneous petition (WMP No.2979 of 2026) closed. ¶36

B.Balakrishnan Vs the Secretary to Government — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents are to be directed, by a Writ of Mandamus under Article 226, to sanction and disburse the petitioner's retirement benefits for service rendered from 31/12/1979 to 31/01/2019, namely Death-cum-Retirement Gratuity, Pension, and arrears of pension with interest @ 12% p.a. compounded annually, within a reasonable time frame fixed by the Court.

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Court's answer

Considering the limited prayer sought by the learned counsel for the petitioner, the Court directed the respondents to settle the terminal benefits, including pension, if any, within a period of twelve (12) weeks from the date of receipt of a copy of the order, if not already settled. The Court did not otherwise adjudicate entitlement, the interest claim, or the 20.11.2020 pension-cut proceedings.

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Detailed headnote1 paragraphs

Madras High Court (Justice M. Dhandapani), by order dated 10-02-2026 in WP No. 33668 of 2025, disposed of a writ petition by B. Balakrishnan seeking sanction and disbursement of retirement benefits — Death-cum-Retirement Gratuity, Pension, and arrears of pension with interest @ 12% p.a. compounded annually — for service rendered from 31/12/1979 to 31/01/2019. The petitioner was appointed on compassionate grounds as Store Keeper on 18.12.1979 after his father, a Male Nursing Assistant, died in service on 12.01.1977; his services were regularised on 21.01.1984. Disciplinary proceedings under 17(b) of the Tamil Nadu Civil Services (Disciplines & Appeal) Rules remained unconcluded till his retirement on 31.01.2019, after which the Director of Family Welfare imposed a cut in pension of Rs.200/- for six months by proceedings dated 20.11.2020. Representations from 2019 onwards, including the last dated 21.03.2025, went unanswered. Considering the limited prayer, the Court directed the respondents to settle the terminal benefits, including pension, if any, within twelve (12) weeks from receipt of a copy of the order, if not already settled. No costs; connected miscellaneous petition closed.

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WP No. 33668 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-02-2026

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CORAM

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THE HON'BLE MR JUSTICE M.DHANDAPANI

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WP No. 33668 of 2025

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and

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WMP No.2979 of 2026

B.Balakrishnan

..Petitioner(s)

The Secretary to Government Health and Family Welfare Department Secretariat, Fort St. George, Chennai 600 009.

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The Director of Family Welfare, Teynampet, Chennai 600 006.

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The Accountant General

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Accounts and Entitlements

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Teynampet, Chennai 600 006.

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..Respondent(s)

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https://www.mhc.tn.gov.in/judis

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WP No. 33668 of 2025

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Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Respondents to sanction and disburse all the retirement benefits for the services rendered by the petitioner from 31/12/1979 to 31/01/2019 namely Death - cum- Retirement Gratuity, Pension, arrears of pension along with interest @ 12% p.a compounded annually till the date of disbursement, within a reasonable time frame to be fixed by this Court.

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For Petitioner(s): Ms.R.Deepika Sonali

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For Respondent(s): Mr.K.Tippu Sulthan, Government Advocate for R1 And R2 Mr.A.N.R.Jayaprathaph, for R3 Standing Counsel

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ORDER

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This writ petition has been filed seeking a direction to the respondents to sanction and disburse all the retirement benefits for the services rendered by the petitioner from 31/12/1979 to 31/01/2019 namely Death - cum- Retirement Gratuity, Pension, arrears of pension along with interest @ 12% p.a compounded annually till the date of disbursement, within a reasonable time frame to be fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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WP No. 33668 of 2025

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2.The learned counsel for the petitioner would submit that the petitioner’s

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father, who was serving as a Male Nursing Assistant in the Medical Department, died on 12.01.1977 while in service at the Head Quarters Hospital, Trichy. The petitioner was thereafter appointed on compassionate grounds as a Store Keeper on 18.12.1979. He completed his probation on 19.02.1982, and underwent Bavani Sagar Institute Training from 26.05.1982 to 21.07.1982. Thereafter, his services were regularised on 21.01.1984. During the course of his service, disciplinary proceedings were initiated against the petitioner, under 17(b) of the Tamil Nadu Civil Services (Disciplines & Appeal) Rules, and the same was not concluded till his retirement on 31.01.2019. After his retirement, the 2^nd respondent, by proceedings dated 20.11.2020 imposed a punishment of cut in pension to the extent of Rs.200/- for a period of six months. The petitioner, having rendered service from 31.12.1979 to 31.01.2019, is entitled to receive his retirement benefits. Therefore, he made several representations from the year 2019 onwards seeking sanction of pension and other terminal benefits. However, there has been no response, despite the last representation dated on 21.03.2025. Hence, the present writ petition has been filed.

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https://www.mhc.tn.gov.in/judis

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WP No. 33668 of 2025

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3 .Considering the limited prayer sought by the learned counsel for the

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petitioner, there shall be a direction to the respondents to settle the terminal benefits, including pension, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order, if not already settled.

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4. With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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10-02-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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UMA

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https://www.mhc.tn.gov.in/judis