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2026 Supreme(Online)(Mad) 36275
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J
S.Latha – Appellant
Versus
The Director of T.N. Institute of Labour Studies – Respondent
Writ Petition
For Petitioner(s): Ms.R.Deepika Sonali
For Respondent(s): Mr.P.Balathandayutham, SGP
Retirement benefits must be disbursed post-retirement absent adverse departmental orders, as per rules and G.O.
Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution of India to direct settlement of retirement benefits, including salary for suspension period from 05.08.2024 to 22.10.2024, surrender of earned leave, Special Provident Fund contribution, Death-cum-retirement gratuity, and sanctioned leave salary, referencing G.O.Ms.No.47, Human Resources Management (FR-III) Department, dated 29.08.2025. The respondent had withheld benefits pending departmental proceedings despite petitioner's retirement. The court found terminal benefits admittedly unpaid and no adverse orders against the petitioner. The issue framed was whether the respondent must disburse retirement benefits absent adverse departmental orders post-retirement. The court's reasoning held that retirement benefits must be settled as per extant rules and specified G.O. for suspension salary, earned leave encashment, and sanctioned leave salary. The writ petition is disposed of with a mandamus directing disbursement of all specified benefits within two months from receipt of the order.
| Table of Content |
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| 1. petition seeks mandamus for withheld retirement benefits post-retirement. (Para 1 , 2 , 3) |
| 2. court directs payment of all terminal benefits within two months. (Para 4) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA S.Latha W/o.late.Kuppuswamy, Formerly selection grade Assistant, T.N.Institute of Labour Studies, Ambattur, Chennai-98 ..Petitioner(s)
Vs The Director of T.N. Institute of Labour Studies, Ambattur, Chennai-98 ..Respondent(s)
PRAYER : Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondent to settle the retirement benefits of the petitioner including salary for the period of suspension from 05.08.2024 to 22.10.2024 surrender of earned leave, contribution to the Special Provident fund, Death-cum-retirement gratuity, leave salary for 19 days already sanctioned, within a limited time frame.
For Petitioner(s): Ms.R.Deepika Sonali For Respondent(s): Mr.P.Balathandayutham, SGP
ORDER
The petition has been filed to direct the respondent to settle the retirement benefits of the petitioner including salary for the period of suspension from 05.08.2024 to 22.10.2024, surrender of earned leave, contribution to the Special Provident fund, Death-cum-retirement gratuity, leave salary for 19 days already sanctioned, within a limited time frame.
2. The petitioner having been allowed to retire from service and in the absence of any adverse orders in respect of the pending departmental proceedings, the respondents had not disbursed the above benefits to the petitioner.
3. Aggrieved by the same, the petitioner made a representation to settle the retirement benefits including salary for period of suspension, surrender of earned leave, contribution to the Special Provident fund, Death-cum-retirement gratuity, leave salary for 19 days already sanctioned, for which there is no response till date. Therefore, the petitioner is before this Court.
4. Heard the learned counsel on either side and perused the materials available on record.
5. Admittedly, the terminal benefits has not been paid to the petitioner.
Therefore, the Writ petition is disposed of and a mandamus is issued directing the respondent to disburse the retirement benefits including contribution to the Special Provident fund, Death-cum-retirement gratuity as per the extant rules and the benefits of salary for the suspension period, benefit of encashment of earned leave and leave on private affairs and leave salary for 19 days already sanctioned, shall be paid as per the G.O.Ms.No.47, Human Resources Management (FR-III) Department, dated 29.08.2025, within a period of two (2)
months from the date of receipt of a copy of this order. No costs.
