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2026 DAILYLAW 2927 (MAD)

Jothimani v. The Commissioner

WP(MD)/9555/2026 · 2026-04-17

Mummineni Sudheer Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No.9555 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2026 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD) No.9555 of 2026 Jothimani ... Petitioner Vs. 1.The Commissioner, Dindigul Corporation, Dindigul. 2.The Assistant Commissioner, Dindigul Corporation, Dindigul. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of mandamus directing the respondents to pay the petitioner's retirement benefits namely Gratuity - Rs.17,90,250/-, commuted value of pension - Rs.11,47,094/-, settlement pension arrears from 01.06.2025 to 31.08.2025 - Rs.1,61,709/- and earned leave salary - Rs.6,73,877/- totally Rs.37,72,930/- based on the petitioner's representation dated 24.03.2026 within the time limit that may be fixed by this Court. For Petitioner : Mr.S.Sarvagan Prabhu _____________ Page No. 1 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9555 of 2026 For Respondents : Mr.J.Lawrance Standing Counsel ****** O R D E R This Writ Petition has been filed for issuance of a writ of mandamus directing the respondents to pay the petitioner’s retirement benefits, as detailed below, based on the petitioner’s representation dated 24.03.2026, within such time as may be fixed by this Court. Gratuity - Rs.17,90,250/- Commuted Value of Pension - Rs.11,47,094/- Pension arrears for the period from 01.06.2025 to 31.08.2025 - Rs. 1,61,709/- Earned Leave Salary - Rs. 6,73,877/- --------------------- Total - Rs. 37,72,930/- 2. This matter came up for consideration before this Court on 08.04.2026. The same was adjourned at the instance of Mr.J.Lawrance, learned Standing Counsel appearing for the respondents for getting instructions as to why the terminal benefits of the petitioner are not being disbursed. _____________ Page No. 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9555 of 2026 3. Accordingly, the matter is taken up for consideration again today. Mr.J.Lawrance, learned Standing Counsel appearing for the respondents, on written instructions, submits that due to financial constraints, the amounts due and payable to the petitioner could not be disbursed and that the same would be paid in instalments within a period of four months from today. 4. A copy of the written instructions is also placed before this Court, the contents of which read as follows: “ghu;itapy; fhZk; nrd;id cau;ePjp kd;w kJiuf; fpis tof;F vz;. WP(MD) 9555/2026 d; gb jpUkjp.N[hjpkzp> kfg;NgW kUj;Jt cjtpahsu; (Xa;T)f;F toq;f Ntz;ba Xa;T+jpa epYitj; njhifia toq;f Nfhup tof;F njhlug;gl;Ls;sJ. md;dhu;f;F epYit Cjpak; &. 11>95>190/-k; Xa;T+jpa gzg;gad; &.30>99>053/-k; cs;s epiyapy; epYit njhifapy; &.5>00>000/-k; Xa;T+jpa gzg;gadpy; &.7>00>000/-k; ,Jehs; tiu toq;fg;gl;Ls;sJ. kPjKs;s njhif &.6>95>190/- kw;Wk; &.23>99>053/- Mf nkhj;jk; &.30>94>243/- apid md;dhu;f;F gbg;gbahf 4 khj fhyj;jpw;Fs; toq;fg;gLk; vd;w tpguk; njuptpj;Jf; nfhs;sg;gLfpwJ.” _____________ Page No. 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9555 of 2026 5. However, the learned counsel for the petitioner submits that the petitioner is entitled to the earned leave salary encashment amount of Rs.6,73,877/-. However, the said amount has not been included in the proceedings dated 19.09.2025 bearing Pension Disbursement Order No. DCMC2025/PH261/2025. 6. In the light of the undertaking given by the respondents that all amounts due and payable to the petitioner shall be released within a period of four months in instalments, the respondents are directed to release the entire amount due and payable to the petitioner within the said period of four months from today. 7. Insofar as the claim of the petitioner for payment of earned leave salary encashment is concerned, this Court is of the view that if the petitioner is entitled to such encashment, the same is required to be considered by the respondents, at the first instance, in accordance with law. The respondents are therefore directed to consider the petitioner’s claim for payment of earned leave salary encashment to the tune of Rs.6,73,877/- and if the petitioner is found eligible, to release the said amount within the aforesaid period. _____________ Page No. 4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9555 of 2026 8. With the above directions, this Writ Petition is disposed of. No costs. 17.04.2026 JEN NCC : Yes / No Index : Yes / No Internet : Yes / No To 1.The Commissioner, Dindigul Corporation, Dindigul. 2.The Assistant Commissioner, Dindigul Corporation, Dindigul. _____________ Page No. 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.9555 of 2026 MUMMINENI SUDHEER KUMAR , J. JEN W.P.(MD) No.9555 of 2026 17.04.2026 _____________ Page No. 6 of 6 https://www.mhc.tn.gov.in/judis