BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU S. Selvaraj ...Petitioner -Vs-

1. The State of Tamil Nadu Represented by the Additional Chief Secretary to Government Hindu Religious and Charitable Endowments Department Fort St. George Chennai - 600 009.

2. The Commissioner HR and CE Chennai - 34.

3. The Joint Commissioner HR and CE Department Trichy.

4. The Principal Accountant General (A and E)

Anna Salai Chennai - 600 018. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to forthwith disburse the petitioners retiral benefits, including Special Provident Fund, Commutation of Pension, Gratuity, Encashment of Earned and Unearned Leave, and other retirement benefits, after grant of appropriate selection grade and increments due to the petitioner based on the representation dated 07.06.2023 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For petitioner : M/s.V.R.Shanmuganathan For Respondents : Mr.P.Subburaj Special Government Pleader For R1 to R3 : Mr.Chamundi Bose, Standing Counsel – For R4

ORDER

This writ petition is filed seeking direction to the respondents to forthwith disburse the petitioners retiral benefits, including Special Provident Fund, Commutation of Pension, Gratuity, Encashment of Earned and Unearned Leave, and other retirement benefits, after grant of appropriate selection grade and increments due to the petitioner based on the representation dated 07.06.2023.

2. The petitioner who had been visited with the disciplinary proceedings prior to his superannuation and also having been permitted to retire. The punishment that could be imposed by way of disciplinary proceedings could only be made under the provisions of the TamilNadu Pension Rules. It is also brought on record that the enquiry report had been filed and the petitioner had also been issued with the second show cause notice and he has also submitted his explanation to the second show cause notice.

3. In such view of the matter, there shall be a direction to the first respondent to conclude the disciplinary proceedings to its logical conclusion within a period of eight weeks from the date of receipt of a copy of this order. Considering the fact that under the Tamilnadu Pension Rules only the pension can be either withdrawn or withheld, and the recovery if any could be made in view of the punishment be only made from the DCRG, the respondents are directed to disburse the other terminal benefits to which the petitioner is entitled to.

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

20.11.2025 Index : Yes/No Speaking/Non-Speaking order Neutral Citation : Yes/No gvn K.KUMARESH BABU.J.

gvn To

1. The State of Tamil Nadu Represented by the Additional Chief Secretary to Government Hindu Religious and Charitable Endowments Department Fort St. George Chennai - 600 009.

2. The Commissioner HR and CE Chennai - 34.

3. The Joint Commissioner HR and CE Department Trichy.

4. The Principal Accountant General (A and E)

Anna Salai Chennai - 600 018.

20.11.2025