Extracted from the PDF above. The PDF is authoritative.
WP No. 5215 of 2022 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN WP No. 5215 of 2022 V.Munusamy S/o. Veeran No. 9 / 261, Jarugu Kattuvalavu Manaia Thalli Post, Nallampalli Taluk Dharmapuri District-638 807. ..Petitioner(s) Vs
1. The Chief Engineer Agricultural Engineering Department Nandanam, Chenani -600 035
2. The Assistant Executive Engineer Agricultural Engineering Department Dharmapuri District
3. The Assistant Executive Engineer Agricultural Engineering Department N.G.O Colony, Rajajipuram Thiruvallur District
4. The Assistant Executive Engineer Agricultural Engineering Department No. 21, Sakthi Nagar, Aladu Road Ponneri 601 204 Thiruvallur District ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to disburse the petitioner’s retirement gratuity (DCRG) amount of Rs 5,69,985/- with accrued interest from 30.04.2015 lying with the office of the Accountant General (A & E) Chennai, within a stipulated time to be by this Hon’ble Court. https://www.mhc.tn.gov.in/judis
WP No. 5215 of 2022 __________ Page2 of 5 For Petitioner(s): Mr.S.Vijayakumar For Respondent(s): Mr.V.Sivalingam Government Advocate
ORDER The present writ petition has been filed seeking a direction to the respondents to disburse the DCRG amount of Rs.5,69,985/- with accrued interest from the date of his retirement, namely 30.04.2015. 2.While perusing the counter statement, it is seen that the respondents have also admitted their liability. For ready reference, it is relevant to extract paragraphs 6, 7, and 8 of the counter affidavit. 6.It is further submitted that this Hon’ble Court, on 18.11.2010 in W.P No.25965 of 2010 had set aside the said order of recovery and directed the respondents to re- fix the pay after issuing due notice to the petitioner. As the petitioner was due to retire on 30.04.2015, his Death- cum-Retirement Gratuity (DCRG) amount of Rs.5,69,985/- was withheld and other terminal benefits was released to him. 7.It is submitted that in compliance to the aforesaid orders of the Hon’ble Court, now the Government in G.O.(D) No.126, Agriculture-Farmers Welfare Department, dated 19.05.2023 has issued orders by writing-off the excess amount of Rs.1,93,774/- drawn by the petitioner. Since, the excess amount was written-off, the petitioner becomes https://www.mhc.tn.gov.in/judis
WP No. 5215 of 2022 __________ Page3 of 5 eligible to draw the withheld Death-cum-Retirement Gratuity (DCRG) amount of Rs.5,69,985/-. The said
order was communicated to the fourth respondent by the first respondent for further proceedings.
8. It is submitted that in the way of writing-off the excess amount drawn by the petitioner as stated above, the issue becomes infructuous at this stage as the prayer was met with. 3.On perusal of the averments made in the above counter statement, it is amply clear that the petitioner is entitled to be paid a sum of Rs.5,69,985/- towards DCRG. In such view of the circumstances, this Court is of the firm view that the petitioner is entitled to a writ of mandamus as prayed for.
4. Accordingly, this writ petition is allowed, directing the respondents to disburse the DCRG amount of Rs.5,69,985/- along with accrued interest at the rate of 4% per annum to the petitioner, from the date of his retirement to till the disbursal of the amount, within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 13-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Uma https://www.mhc.tn.gov.in/judis
WP No. 5215 of 2022 __________ Page4 of 5 To
1. The Chief Engineer Agricultural Engineering Department Nandanam, Chenani 600 035
2. The Assistant Executive Engineer Agricultural Engineering Department Dharmapuri District
3. The Assistant Executive Engineer Agricultrual Engineering Department N.G.O Colony, Rajajipuram Thiruvallur District
4. The Assistant Execuitve Engineer Agriultural Engineering Department No. 21, Sakthi Nagar, Aladu Road ponneri 601 204 Thiruvallur District https://www.mhc.tn.gov.in/judis
WP No. 5215 of 2022 __________ Page5 of 5 C.KUMARAPPAN, J. Uma WP No. 5215 of 2022 13-08-2026 https://www.mhc.tn.gov.in/judis