BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2025 CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.33332 of 2025 and W.M.P.(MD)No.26296 of 2025 V.Jayakumar ... Petitioner /vs./

1.The State of Tamil Nadu, Represented by its Secretary, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

2.The Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600028.

3.Dindigul Municipal Corporation Represented by its Commissioner Dindigul.

4.The Assistant Director, Local Fund Audit Department, Dindigul. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to release all the pending retiral dues of the petitioner, i.e. DCRG (Gratuity) amounting to Rs.25,00,000/- leave salary Rs.16,76,968/-, Provident fund, Special Provident Fund and the amount of the Commutation of Pension (Capitalized Value of Pension) amounting to Rs. 17,04,319/- (as per PPO issued by the Respondents) with interest at 24% p.a. from the date it fell due till the actual date of payment and further direct the respondents to pay back the deducted amount with interest at 24% p.a. from the date it fell due, till the actual date of payment against the Commutation of Pension (Capitalized Value of Pension) which was never paid, but the amount was being continuously deducted from the pension and further direct the respondents to stop making further deductions from the pension till the amount of Commutation of Pension (Capitalized Value of Pension) amount is actually paid to the petitioner.

For Petitioner : Mr.K.K.Senthil For R1, R2 & R4 : Mr.M.Siddharthan Additional Government Pleader For R3 : Mr.J.Lawrance Standing Counsel

ORDER

This writ petition has been filed for a writ of Mandamus to direct the respondents to release all the pending retiral dues of the petitioner, i.e. DCRG (Gratuity), leave salary, Provident fund, Special Provident Fund and the amount of the Commutation of Pension (Capitalized Value of Pension) (as per PPO issued by the Respondents) with interest at 24% p.a. from the date it fell due till the actual date of payment and further direct the respondents to pay back the deducted amount with interest at 24% p.a. from the date it fell due, till the actual date of payment against the Commutation of Pension (Capitalized Value of Pension) which was never paid, but the amount was being continuously deducted from the pension and further direct the respondents to stop making further deductions from the pension till the amount of Commutation of Pension (Capitalized Value of Pension) amount is actually paid to the petitioner.

2. The petitioner, who has been permitted to retire on 31.10.2024, has also been quantified with retirement benefits. Inspite of which, the petitioner has been paid only pension and has not been paid his DCRG, the commutation amount sought for by the petitioner and also the earned leave salary payable to the petitioner. It is very shocking to note that the petitioner is being paid pension after deducting the portion towards commutated pension, even though the commutation has not been paid to the petitioner till date. It is very unfortunate that the employer like that of the fourth respondent without even making the commutation of pension sought for by the petitioner has been deducting a part of his pension towards such commutation.

3. The learned counsel for the third respondent submits that the approval has been placed before the concerned authorities and as and when the approval is granted, the amount will be disbursed.

4. This Court had an occasion to deal with a similar issue in respect of the respondent corporation and recording an undertaking given, had directed payment of the terminal benefits within a period of three months, apart from that also issued a direction to the Secretary to the Finance Department to make suita