Disposed¶35

V. Marianesam v. Government of Tamil nadu

Madras HC13 Feb 2026WP/4874/2026

Case brief

AI extract

What is this about?

Madras High Court; WP No. 4874 of 2026; M. Dhandapani J.; Article 226; writ of declaration; commuted value of pension; encashment of unearned leave on private affairs; retiral benefits; terminal benefits; Tamil Nadu Khadi and Village Industries Board; Handlooms Handicrafts Textiles and Khadi Department; financial crisis not a ground for delayed payment of pension dues; six weeks; applicable interest; no costs.

What did the court decide?

Writ petition disposed of with directions: first respondent to allot necessary funds to the second respondent within six weeks; second respondent to disburse the petitioner's dues forthwith with applicable interest; no costs. ¶35

V. Marianesam Vs Government of Tamil nadu — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents' non-payment of the commuted value of pension and encashment of unearned leave on private affairs to the petitioner after retirement is illegal, and whether the respondents should be directed to pay these dues with interest.

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Court's answer

Financial distress of the first respondent cannot serve as a ground for making belated payments of retiral/terminal benefits; the reason is not accepted by this Court, and the retired petitioner's financial position has to be kept in mind.

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Ratio / Principle

The first respondent is directed to allot necessary funds to the second respondent for settling the petitioner's dues within a period of six weeks from the date of receipt of a copy of the order.

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Key takeaways

On receipt of the allotted funds, the second respondent is directed to disburse the petitioner's dues forthwith with applicable interest.ratio¶34

Detailed headnote1 paragraphs

Writ of declaration under Article 226 of the Constitution of India by V. Marianesam, retired on 31.05.2017 from the Tamil Nadu Khadi and Village Industries Board, against the Government of Tamil Nadu (Handlooms, Handicrafts, Textiles and Khadi Department) and the Board for non-payment of commuted value of pension and encashment of unearned leave on private affairs. The Additional Advocate General pleaded the first respondent's financial crisis and pending fund allocation. The Court (M. Dhandapani, J.) rejected financial distress as a ground for belated payment of retiral/terminal benefits, noting the petitioner had been retired for about four years, and directed the first respondent to allot necessary funds to the second respondent within six weeks, on receipt of which the second respondent must disburse the dues forthwith with applicable interest. Petition disposed of; no costs.

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WP No. 4874 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13-02-2026

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CORAM

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THE HON'BLE MR JUSTICE M.DHANDAPANI

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WP No. 4874 of 2026

V.Marianesam

..Petitioner(s)

Government of Tamil Nadu Rep. by its Principal Secretary to Government Handlooms, Handicrafts, Textiles and Khadi Department, Fort St. George, Chennai 600 009.

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The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Chennai House 1st Floor, Chennai 600 104.

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..Respondent(s)

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Prayer: This writ petition has been filed under Article 226 of the Constitution of India praying 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 on his retirement on 31/05/2017 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 Hon’ble Court along with interest at rate of 10% per annum from the date when the terminal benefits became due till the date of actual disbursement.

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

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WP No. 4874 of 2026

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For Petitioner(s) : Mr.Balan Haridas For Respondent(s) : Mr.Raman Lal, AAG Assisted by Mr.Yogesh Kannadasan, SGP for R1 Mr..Rajakumar for R2

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ORDER

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By consent, the writ petition is taken up for final disposal at the admission stage itself.

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This writ petitions has 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 petitioner as illegal and also to direct the respondents to pay the same with interest.

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The petitioner in this writ petition has joined in the service of the second respondent and retired from service on 31.05.2017. The petitioner was duly relieved from her service. Though the petitioner was sanctioned in respect

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of pension, the respondents filed to pay commuted value of pension and encashment of unearned leave on private affairs.

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Heard the learned counsel appearing on the either side and perused the

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materials placed before this Court.

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

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WP No. 4874 of 2026

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The learned Additional Advocate General submitted that due to financial crises, the first respondent is unable to mobilize 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 petitioner. Further, he submits that only on allocation of funds, the second respondent will be in a position to settle the dues of the petitioner, as per her seniority. Hence, he prays for issuance of appropriate direction by this Court as well as to stipulate any time frame.

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Based on the aforesaid submissions, it is evident that due to financial crisis, the retiral benefits/terminal benefits due to the petitioner was not settled. It could be seen that the petitioner herein was 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 petitioner, who was retired personnel's financial position has to be kept in mind.

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In 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

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

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WP No. 4874 of 2026

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such receipt, the second respondent is directed to disburse the dues of the petitioner forthwith with applicable interest.

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With the above directions, this writ petition is disposed of. No costs.

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13-02-2026